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Steps to Take After a First-Time DUI Arrest

By
Daisy Rogozinsky
/
December 3, 2024
Last reviewed by
Joanna Smykowski
/
December 3, 2024

First-time DUI arrests can be scary and overwhelming.  Understanding the necessary steps to take afterward can help you protect your rights, minimize potential consequences, and navigate the legal process more effectively. This guide is a complete roadmap for how to deal with a first-time DUI arrest.

1. Remain Calm and Comply with Law Enforcement

The first step happens at the time of the arrest. It’s normal to feel stressed, but staying calm is important. When law enforcement asks you to comply with instructions, provide your driver’s license and proof of insurance if asked, and do not argue or resist arrest.

In most states, implied consent laws mean that refusing to take a field sobriety or chemical test (e.g., breathalyzer) can lead to automatic penalties, including a license suspension. But refusal penalties differ from state to state, so it is best to consult with an attorney about how this affects your particular case.

2. Understand the Charges Against You

A DUI charge generally means you are accused of driving while impaired by alcohol or drugs. For first-time offenders, penalties may include:

  • Fines and court costs
  • Probation
  • License suspension
  • Mandatory classes on alcohol education
  • Community service

Penalties depend on how high your blood alcohol concentration (BAC) is and on aggravating circumstances such as causing an accident or having minors in your car.

3. Record the Details of the Arrest

After your arrest, document as much as possible about the incident as soon as possible. Important details may include:

  • The timeline of events that led up to your arrest.
  • What the officer said when they stopped you.
  • Whether or not you were read your Miranda rights.
  • Any field sobriety or chemical test given by law enforcement.

These details can be critical in identifying potential errors or violations of your rights, which could be used to build your defense.

4. Contact an Experienced DUI Attorney

One of the most important steps you can take is to hire an attorney who specializes in DUI cases. A qualified attorney will:

  • Explain potential charges and penalties.
  • Assess all the evidence against you, such as test results and police reports.
  • Check for any procedural errors or rights violations.
  • Advise you on whether you should negotiate a plea deal or fight the charges in court.

Even for first-time offenders, a DUI conviction can have long-term consequences, including increased insurance premiums and a criminal record. An attorney can help minimize these impacts.

5. Request a DMV Hearing

In most states, a DUI arrest triggers two separate processes: a criminal case and an administrative license suspension through the Department of Motor Vehicles (DMV). Often, you have only 10 to 30 days to request a hearing to challenge the suspension of your license.

If you fail to request a hearing within the allotted time, your license is suspended automatically regardless of what happens with your criminal case. If you file a request, your attorney can represent you at the hearing.

6. Follow Court Requirements

After you begin your case, you must meet all court-mandated requirements. These may include:

  • Making all scheduled court appearances.
  • Any ordered alcohol education or treatment programs.
  • The timely paying of fines and court fees.

Failure to comply with these requirements can also result in additional penalties, such as warrants for your arrest or additional probation.

7. Consider the Impact on Your Driving Record and Insurance

A DUI conviction will probably be reported to your state’s DMV and lead to points on your driving record. Moreover, your auto insurance premiums may skyrocket or your policy could be cancelled altogether.

To address this, you may need to:

  • If necessary in your state, get SR22 insurance (proof of financial responsibility).
  • If your current provider drops you, shop for new insurance policies.
  • Focus on rebuilding your driving record over time and avoid adding more infractions.

8. Take Steps to Prevent Future Incidents

A first time DUI is a chance to reevaluate your habits and to do what you can to stop it from happening again. Consider the following:

 

  • Plan Ahead: Plan for a designated driver, rideshare, or public transportation when drinking.
  • Alcohol Education: If alcohol was involved in your arrest, attending a program or counseling, can give you valuable insights and strategies on how to avoid such a situation again.
  • Ignition Interlock Devices: In some states, these devices are required for first time offenders, which means your car won't start if alcohol is detected on your breath.

These steps will show responsibility, and help to restore your reputation after a DUI arrest.

Bottom Line

While a first-time DUI arrest is a serious matter, there are things you can do to protect your rights and mitigate penalties to prevent long-term consequences. Every single step you take, from contacting law enforcement to hiring an experienced attorney and following court requirements, plays an important role in resolving your case. Facing the issue head-on and taking steps to avoid future incidents will help you be able to move forward with your daily life while minimizing the impact of the arrest on your future.

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