What to Expect When You Are Arrested For a DUI

Rispoli & Borneo P.C.

If you are arrested for DUI, you can expect to have to defend against the DMV’s request to suspend your license and against criminal charges brought forth by prosecutors. Consequences for a conviction on these charges depend on several different factors, including whether you have a prior DUI offense or multiple DUI offenses on your record.

With help from a DUI lawyer, You can minimize or avoid many of the penalties given to people that are convicted of a DUI. Speaking with your DUI lawyer as soon as possible after a rest is important so that your lawyer can ensure that your rights are being taken into account. 

But what are those right? And what can you expect after being arrested for a DUI?  Let’s talk about it.

The first place you can expect to go after being arrested for a DUI is to jail. Oftentimes posting bail is not required, especially if you are a first-time offender and there were no injuries. But don’t let being released from jail give you a false sense of security in regards to your case. You should still seek a lawyer because just being released from jail does not mean charges have been dropped.

The next thing you can expect is to protect your driver’s license or attempt to do so. A DUI arrest for alcohol is going to trigger a process within the Department of Motor Vehicles that might result in the suspension of your driver’s license. This process is called the administrative per se hearing. 

To challenge the suspension of your license, you must get a hearing, and you must do so within 10 days of the suspension. You do this by contacting the DMV. If you do not contact the DMV within 10 days of the suspension, your license will be suspended 30 days from the date of your arrest.

If you request a hearing in a timely manner, you can drive while you are awaiting the hearing. This is a day of automatic suspension and could last several weeks to a few months. Going to a DMV hearing your chances are going to be extremely low if you proceed by yourself. This is another reason you would want to hire a DUI lawyer, because they can present evidence that the action to suspend your license is unjustified. They might do this in a variety of ways such as presenting evidence that your blood alcohol was below .08%, or that your arrest was unlawful.

The suspension is going to depend on several factors. It might last for 4 months for a first offense for a driver who does not drive commercial vehicles.  If your license gets suspended, all hope is not lost, you can usually get a restricted license after a first offense DUI. This means you can drive the legal aid to and from work and to and from a treatment program.