Being convicted of a DUI can have severe impacts on your life. It is important to keep in mind that you have rights in this situation and it is crucial to make the right decisions from the start. One of the best decisions you can make is to seek legal advice as soon as possible. An experienced attorney will guide you through the process and ensure the best possible outcome for your case.
Getting Out Of Custody: Bail And The Booking Process
Following an arrest, you will likely be booked into a nearby jail. This is when the arresting officer records your information, takes your picture and fingerprints, and goes through the usual arrest-processing procedure. You will then be held until your bail hearing. But, what is bail, and how is it determined?
Essentially, bail is collateral that you must pay to get out of jail while awaiting trial. The bail hearing is when a judge decides how much - if any - bail you'll have to pay to secure your release. Bail can either be determined by a judge based on certain factors of the current situation listed below, or in line with a preset bail schedule. For many petty crimes and first-time offenders, the court will utilize the bail schedule, which is a structure of pre-set bail amounts determined by offense seriousness.
Otherwise, these are factors a judge will consider:
● Criminal history
● Pending criminal matters
● Ties to the community
● Flight risk
● Severity of the DUI
● Property damage/victim injuries
● Special circumstances
If you are a first-time offender with no aggravating factors, odds are your bail will be preset. This is a general estimate, and one you should plan to cover. Getting help with bail after a DUI from a licensed bondsman can cut your time in custody significantly, which means you're home, clear-headed, and able to work with an attorney before your first court date.
The DMV Deadline Nobody Tells You About
This is the surprise part that many people are caught off guard with. Your license is in jeopardy through two completely separate systems, and court isn't one of them. Your administrative hearing is scheduled through the DMV, where they will begin the process to attempt to automatically suspend your license if you refused a chemical test or drove with a BAC over 0.08%. This administrative action occurs independently of your criminal case or whether you are even convicted or not.
You usually have ten days from your arrest to request a hearing. If you fail to do this, the DMV will automatically suspend your license. It doesn't matter if you were never convicted of a crime or if you were found not guilty. They will suspend your license. So when things get crazy with court stuff, don't forget to call the DMV, or make sure your lawyer does.
What To Document Before You Forget
Your memory goes quickly when you're under stress. So the night of your arrest, or the following morning, write down everything you remember: where you were pulled over, what reason the officer gave, what instructions you were given as part of the test, whether or not the testing room was clean, and anything the officer did or said that struck you as strange or improper.
Breathalyzer maintenance records, car dashcam video, and officer bodycam video can also be helpful once you get to the discovery phase of your case and the prosecutor turns over all the evidence they intend to use against you. But that documentation becomes more valuable when it can be used to verify the account you give. Officers' reports are not always complete. Your notes may highlight discrepancies.
Do not talk about the arrest on social media. Do not talk about it with anyone except your lawyer.
Understanding What You're Actually Charged With
Driving under the influence can lead to a misdemeanor or a felony charge and these have different impacts on sentencing, probation conditions, and your permanent record.
A misdemeanor is usually the charge for a first offense, no injuries, and no previous record. Felonies are more common for multiple occurrences, accidents with injuries or property damage, or an arrest with extremely high blood alcohol content (BAC).
For those who are found guilty - or plead - to the misdemeanor charge, probation is typically part of the remediation process. Summary probation means no probation officer, but you must fulfill all the court-mandated programs, pay fines, and stay out of trouble. With formal probation, you will be monitored and checked in on. Break any part of your probation and you could be incarcerated. Know which type you're on and be strict with yourself.
The court may insist on an ignition interlock on your car and your insurance will demand an SR-22 before you're covered again. The National Highway Traffic Safety Administration (NHTSA) reports an average cost for a first-time DUI, including attorney, fines, and insurance hikes, of $10,000.00 or more.
Moving From Panic To Process
The last thing you want to do after a DUI arrest is nothing. The clock doesn't stop and wait for you to gather your thoughts. DMV deadlines don't stop to let you catch your breath. The court doesn't pause to give you time to think.
What works in your favor is acting quickly - securing release, locking in legal representation, requesting the administrative hearing, and documenting what you remember. None of that requires certainty about how the case will end. It just requires starting.