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What To Do After a DUI Arrest?

Updated on January 22, 2013

Do You Know How to Protect Yourself After a Drunk Driving Arrest?

Drunk driving is one of the most common crimes in the United States and Canada. A great number of individuals get arrested for driving under the influence of alcohol or drugs or for driving while intoxicated every year. Unfortunately, majority of these arrested individuals don't know how to handle this critical situation. They are totally unaware of what to do after a DUI arrest. Due to this ignorance, most of these arrested individuals end up with a DUI conviction and they face a legal lawsuit for driving under the influence in the court of law. That's the reason why it's very important for every individual to have sufficient knowledge about what to do after a DUI arrest so they can protect themselves against DUI charges by using their rights.

Bear in Mind - Drunk Driving is a Criminal Offense

The first thing that you should bear in mind is that drunk driving or driving under the influence of alcohol is a criminal offense. It is not similar to a traffic citation that's what many individuals think it is. Most traffic offenses come under civil infractions and they don't carry severe penalty. The penalties for a traffic offense are light, such as you will have to pay light fines and driver's license suspension in case of a serious offense. Conversely, a DUI conviction is recorded as the criminal offense and it leads to substantial fines and severe DUI penalties.

Don't Forget You Have Constitutional Rights

Every individual has constitutional rights. You should be aware of these rights in order to defend yourself against any DUI charges that you are likely to face after a DUI arrest. These rights allow the arrested driver to remain silent during investigation that is carried out by the police officer. After a DUI arrest, the police officer is more likely to ask the arrested individual if he/she has been drinking. It is wise to remain silent until legal help from a legal DUI attorney arrives.

Do You Know What Constitutional Rights You Have in a DUI Case?

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You will Face Administrative Penalties with a Criminal Charge

After a DUI arrest you are going to face administrative penalties along with criminal charges for driving under the influence of alcohol. According to drunk driving laws in some states, your driver's license is taken by the law enforcement agencies at the time of a DUI arrest and a paper license is issued to you. In some states, the law enforcement agencies or the arresting police officer will confiscate the license plate of your motor vehicle at the time of a DUI arrest after which you will get a paper plate. Your efforts at this point should be for keeping your license or for maintaining a restricted license in order to avoid driving problems. In some states in the United States, arrested individuals are required by the law to challenge the administrative penalty within a certain time period after their arrest. In case if you don't challenge your penalties, you are likely to face driver's license sanctions.

Hire a DUI Lawyer

There is a great importance of hiring a DUI lawyer. It is your legal right to consult a DUI lawyer in order to have a legal representation in the court of law. Your DUI lawyer will guide you about your constitutional rights. He/she will take all the necessary measures to ensure that your constitutional rights are protected. Your DUI lawyer will help you understand your particular DUI case. You are firmly advised to hire a lawyer who is specialized in drunk driving defense.

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      sortofconfused 5 years ago

      I guess I don't have to worry about this as I don't drink and drive.....