Frequently Asked Questions Regarding DUI Arrests
What Should I do First?
Find a local DUI attorney in your area, within 7-9 days of your arrest.
If you were arrested for DUI, your license will automatically be suspended 30 days after your arrest unless you request a hearing within 10 days of your arrest. Hire a DUI attorney within that 10 day window so your attorney can request the hearing and begin building your defense.
Start by researching qualified DUI attorneys in your area. Hire a DUI attorney. Not just any criminal defense attorney. DUIs are highly complex and different than other areas of criminal defense. Hire a local DUI attorney because they'll know the ins and outs of the local courts and know the local prosecutors. Meet with them, see who you feel comfortable with, and hire them.
You can learn more about Mike and see his case results by clicking here.
What is Going to Happen to my Driver's License?
First, make sure you hire a DUI Attorney to fight your driver's license suspension with the DMV. Make sure your DUI attorney has won DMV Hearings before. If your DUI attorney isn't able to win the DMV Hearing, the license suspension penalties are outlined in the chart below.
DUI Attorney Mike Donaldson has litigated hundreds of DMV DUI Hearings. Below is an order showing a client's license suspension was "set-aside" - meaning Mike won the DMV Hearing.
Click here to learn more about the best defenses at a DUI DMV Hearing.
Am I Going to Jail?
Jail time is possible depending upon the facts of your case. However, for standard first offense and second offense DUIs, jail time can be avoided or served on work release or house arrest. Further, jail time is a penalty that arises out of a conviction. There are many defenses to DUIs - don't roll over and plea if you have a valid defense. Hire a DUI attorney who has taken DUIs to jury trial and fought for clients all the way through.
For more serious offenses, such as though involving a high BAC (above .20%), an accident w/injuries, or a third offense, jail time is often imposed if convicted.
Can I Fight my DUI Charge?
Yes! You have defenses. Click here to read more about some of the best defenses to a DUI charge.
In addition to these defenses, there are often search & seizure issues in DUI cases. These issues involve: (1) did the officer have a valid reason to pull you over?; (2) did the officer have probable cause to arrest you?; (3) did the officer obtain a warrant before taking a blood sample?; (4) did you freely and voluntarily consent to a breath or blood test?; (5) did the officer actually observe you driving the vehicle?
On top of these defenses, charges can often be reduced to lesser penalties, like a "Wet Reckless" or a "Reckless Driving" depending on the facts of your case, which results in significant fine and jail time reduction, as well as avoids a license suspension.