subject: An On The Ground Guide To The Dui Process [print this page] The mere fact of getting pulled over by the police is enough to spike your heart rate, but getting pulled over on suspicion of DUI can be frightening. So we have created this guide to not only explain what is going to happen from the time you get pulled over to your court hearing. Every state is a little bit different, but here we have just given the most common issues and processes that cover the most areas, just keep in mind this list might not be 100% accurate for your specific state.
1. You have some drinks. Nothing wrong with this if you are legal age.
2. You drive with alcohol in your system. The legal limit is .08 Blood alcohol content. Studies show that less than this will still impair your driving, but this is a national rate. It is the equivalent of two beers an hour.
3. Cops pull you over. The best thing to do here is be polite and reasonable. They deal with bad attitudes all day, and it will only help matters if you are easy to deal with. Treat them with respect.
4. Cops try to give you Field Sobriety Tests (walk the line, count backwards from 20, etc). You want to politely decline to take this on advice of your lawyer. You are allowed to decline to take these tests. They are highly subjective. If police have a video camera in their car and they film you failing tests, that only strengthens the DA's case against you. If you don't take any of these tests, then you don't fail any and the DA has less of a case.
5. Cops ask you to submit to a chemical test (blood, urine, breath). You are required to take one of these, though you can choose which. Refusing to take one will get you a penalty even if you aren't ever charged with DUI. It is the law to take one if asked. In most cases, refusing will get your license suspended for a year, minimum. Here you want to take the blood test for lots of reasons, but essentially time. There is a greater chance of equipment problems with the breath test, but they do not outweigh the fact that breath is taken almost immediately. Blood takes time to get you there, and get you tested. This time might sober you up just enough to be sober by the numbers.
6. Assuming you fail the tests and are officially charged with DUIyou might have to spend the night in the drunk tank, especially if you are rowdy and/or have no one to come get you. Once you are discharged, you will be handed some paperwork telling you when your court date, which will typically be 10 days away.
7. Hire an attorney. Defending yourself in a DUI is tricky, unless you just don't want to contest it. DUI attorneys do this work all the time. They know the law, the DAs, the courts, and the judges, and most important what can and cannot be argued and requested. A DUI is a felony and can really hurt your record and community standing. You want to fight it and with a good defense behind you. Note that you are allowed to use a public defender.
8. Get your car out of impound. This will cost more than you think, but it will be required.
9. Go to DMV and request your license back. In most states you have to go in person to ask for your license back within 10 days of arrest, otherwise it will be gone.
10. Attend hearing. Between hiring your attorney and the hearing, you will assemble your case. These cases are pretty simple as evidence and witnesses lists are small. Your lawyer should be able to request the best possible outcome for you. Then just hope for the best.
