How to Handle Legal Challenges After a DUI Arrest
A DUI arrest can follow you everywhere, even once your court case is over. It can impact your ability to maintain a driver’s license, double your car insurance premiums, disrupt your job, and harm your future opportunities. The hearing process is fast, and it’s easy to make mistakes if you don’t know what to do.
This article breaks down exactly what you’re dealing with after a DUI arrest so you can make smart choices.
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The immediate fallout and what to do
The first 24-48 hours after a DUI arrest matter more than most people realize. You’re on a tight legal timeline and you need to act fast.
In many states, the arresting officer will take your license at the time of your arrest and issue a notice of suspension immediately. From there, you’ll have around 10 days to request a DMV hearing, or your license will be automatically suspended 30 days after your arrest. The process varies by state, so talk to a lawyer about what you can expect. If you lose the right to drive before your court date, you’ll need to make transportation arrangements.
Keep in mind that your court hearing is separate from a DMV hearing regarding license suspension. You can “win” one and “lose” the other. And if you refused a breathalyzer or blood test at the time of your arrest, the automatic license suspension will likely be harsher. Instead of a short-term suspension, you might automatically get a one-year suspension, even if it’s your first offense.
So don’t just wait and see what happens. Start taking action immediately by first contacting an attorney and then following their advice.
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Handling license suspension and points
Losing your license is one of the most frustrating consequences because it impacts your ability to work, shop, take care of your kids, and just live. It’s important to understand how this part of the DUI process works.
The suspension clock starts right when you’re arrested. For example, in many states, the first offense for a driver over 21 with a BAC of 0.08% or higher leads to an automatic four-month suspension. A second offense within 10 years usually leads to a one-year suspension.
You can challenge a suspended license through an administrative hearing, but it needs to be based in law. For example, you can bring into question whether or not the stop was legal and if the test was administered correctly. And if you can show that your BAC was under 0.08%, you might be able to avoid a suspended license.
If you live in a state that assigns “points” to your driving record, those points will be used to determine whether or not your license gets revoked and for how long. If you’re facing a DUI, you’re not just trying to “beat” your charge – you’re also doing damage control.
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How criminal charges work in court
Despite the association with driving, a DUI is more than a ticket – it’s a serious criminal offense. And the level of your charge and potential penalties can escalate fast. A standard first-time DUI is usually a misdemeanor, but some factors can turn it into a felony. For example, a high BAC, prior convictions, causing injury to someone else, or having a child in the car can turn a DUI into a felony.
If you get charged with a felony DUI, you could be facing mandatory jail time, thousands of dollars in fines, a long-term license suspension, and after multiple convictions, you could lose your driver’s license permanently.
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Don’t bet on being let off lightly
Being a first-time offender might get you some leniency or even a plea deal that trades a DUI conviction for reckless driving, but don’t count on it. Not everyone gets a deal on their first offense. Courts sometimes stack penalties like community service, ignition interlock device requirements, alcohol education, and strict probation. You can’t know ahead of time exactly how things will play out in your case, so don’t bet on getting off the hook.
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How the evidence against you stacks up
Police and prosecutors make DUI cases sound like science, but it’s not really that clean. A solid defense attorney will pick apart every step, and certain mistakes can get charges dropped. For example, an invalid traffic stop without probable cause means evidence – like a breath or blood test – can be suppressed. Without that evidence, there’s a chance a case will collapse.
A DUI arrest is serious – don’t move without a lawyer
If you’re facing DUI charges, you’re looking at potential jail time, fines, and a suspended driver’s license. The system is designed to move fast, so don’t fight your case alone. You can’t control everything that happens, but having an experienced attorney will make all the difference.
