3 Things I Would Do if I Was Arrested for DUI
If I was arrested for DUI I would do a lot of things, but there are 3 very important things I would do immediately. First, I would keep my mouth shut. Second, I would find a local attorney. Third, within 10 days I would send a letter to the Department of Driver Services and request an administrative license suspension hearing.
These are 3 of the most important things you can do…
1. I would keep my mouth shut.
If I was ever suspected of any crime, including DUI, I would keep my mouth shut. What I really mean is that I don’t want to give the police any evidence against me. I don’t want them to have an easier job of proving a case against me. I have seen too many times where someone was convicted for DUI just because of what they agreed to do or what they told the officer. I go into detail about talking to the police here and also about Field Sobriety Tests here.
2. I would find a local attorney as soon as possible.
It is important to have an attorney that is not only familiar with the laws but also knows at least who the judges and the assistant DAs are. It is obvious when an attorney from out of town comes to the courthouse. Although the laws are the same throughout Georgia, knowing the little habits of the judge for your case has can make or break the outcome of your case. If your case goes to jury trial, it is also important to have an attorney that is familiar with the local tendencies of juries.
It is also extremely important to hire an attorney as soon as possible. This will give the attorney enough time to thoroughly investigate and prepare for your case. There may be defenses that you aren’t even aware exist. They may only arise after diving deep into the facts of your case. This takes time. If you only give your attorney a couple of days to investigate he may not have time to find the key to your case.
3. I would send a letter within 10 days to the Department of Driver Service to request an administrative license suspension hearing.
I would send this letter to have an administrative license hearing to potentially save my license from being suspended due to refusing a breath test. I talk about breath tests here and ALS hearings here. Georgia has an implied consent rule that means if a police officer suspects you of DUI and asks you to submit to a breath test and you refuse that test, the refusal alone is enough to suspend your license. I discuss the implied consent rule in more detail here.
… And they may likely have a huge impact on the outcome of your case.
These three things may make the most difference in the defense of your particular case.
If you don’t open your mouth the police may not have any evidence against you. If they don’t have enough evidence to prove that you were DUI beyond a reasonable doubt they can’t convict you. This will save you time, money, and your reputation.
By hiring a local attorney as soon as possible, you give yourself the benefit of the best legal defense from the very start of your case. This may result in your attorney resolving your case favorably through a dismissal or reduction of your charges. If not, your attorney will be able to thoroughly prepare for the defense of your case at trial.
By requesting an administrative license suspension hearing you may be able to save your license from being suspended due to the implied consent rule. The hearing will give your attorney an opportunity to find problems with the state’s case against you.
If you have been charged with a DUI in Cartersville, Bartow County, Floyd County, Cherokee County, Cobb County, or Paulding County, call me today at (770) 824-3030 because I am ready to help you with your case.
How does this benefit you?
The point of this post is that you may have made a bad decision. But, just because you made a bad decision doesn’t mean you deserve the most significant punishment the deed allows for.
When you hire me to be your DUI attorney I have one goal in mind – to help get you out of trouble. Most of the time, that means getting you as little punishment as possible. Sometimes it means we can get your case dismissed entirely.
My guess is the experience of that night and the experience you are about to endure will be punishment enough to ensure that it doesn’t happen again.