What Should I Do After a DUI Arrest?
A DUI arrest can be overwhelming. Most people leave the police station or jail with a pile of paperwork, a court date, questions about their driver's license, and very little idea what happens next.
The First Few Days
The first few days do not need to be spent trying to solve the entire case yourself.
There are several practical steps that can help protect your ability to make informed decisions later.
Keep Every Piece of Paper You Were Given
Do not throw away paperwork because it looks repetitive or unimportant.
Documents may include:
- Citation or charging paperwork
- Court information
- Release conditions
- Temporary driver's license information
- Administrative hearing notices
- Tow or impound paperwork
- Breath-test documents
- Property receipts
- Jail paperwork
Put everything in one place.
Take clear photographs or scan the documents if possible.
Some DUI-related deadlines can be much shorter than people expect.
An attorney should review the paperwork promptly.
Write Down What You Remember
Memory changes over time.
As soon as reasonably possible, write down what you remember about the investigation.
Do not post it online.
Create a private chronology for your attorney.
Things worth documenting may include:
- Where you were before driving
- What you ate
- What and when you drank
- Medications
- Sleep
- When you began driving
- Why the police contacted you
- What the officer said
- What you said
- Field sobriety testing
- Preliminary breath testing
- Breath or blood testing
- Any request for a lawyer
- Medical issues
- Injuries
- Passengers or witnesses
- Locations where surveillance video may exist
Do not worry about writing it perfectly.
The purpose is to preserve your memory.
Be Careful About Social Media
Avoid posting about the arrest.
That includes jokes, explanations, apologies, complaints about police, videos about the incident, or discussions about how much you drank.
A social media post created in frustration can become evidence.
The safest approach is usually to discuss the facts privately with your attorney rather than publicly with the internet.
Talk to a DUI Attorney Early
DUI cases can involve both a criminal case and a driver's license process.
Those proceedings may have different deadlines.
Early legal advice can help identify:
- Upcoming court dates
- License-hearing deadlines
- Evidence that should be requested
- Whether video may need to be preserved
- Release conditions
- Travel concerns
- Ignition interlock issues
- Insurance or licensing consequences
- Whether technical expert review may eventually be useful
Choosing an attorney does not require assuming the worst about the case.
It means having someone explain what is happening and what decisions need to be made.
Public Defender or Private Attorney?
A public defender may be an excellent option for someone who qualifies.
Public defenders often have tremendous criminal courtroom experience and substantial familiarity with the local court system.
A private attorney gives a defendant the ability to choose a specific lawyer or firm and may offer differences in communication, scheduling, caseload, and privately funded resources.
Neither option is automatically better.
The attorney's DUI experience, preparation, judgment, and approach to the evidence matter much more than the label.
For a detailed discussion, see Public Defender vs. Private DUI Attorney: What Is the Difference?.
Do Not Assume the Police Report Tells the Whole Story
The police report is important.
So are the other pieces of evidence.
A DUI investigation may involve:
- Body-camera footage
- Dash-camera footage
- Dispatch recordings
- Surveillance video
- Witnesses
- Field sobriety testing
- Breath testing
- Blood testing
- Laboratory reports
- DRE documentation
- Collision evidence
A good defense review compares these sources.
For example, body-camera footage may allow the defense to see how instructions were given during roadside testing.
Video may show the person's speech, balance, movements, and interactions.
Testing records may provide additional context that is not obvious from the narrative report.
Do Not Panic Over the BAC Number
A breath or blood result is important evidence.
It is not the only evidence.
The meaning of a breath test result can depend on:
- What type of test was performed
- How it was performed
- When it occurred
- The timing of drinking
- Whether alcohol concentration was rising or falling
- Whether required procedures were followed
- Whether drugs are involved
- The applicable law
A high result does not mean a person should ignore the rest of the investigation.
A low result does not automatically mean the case disappears.
Chemical evidence should be evaluated in context.
A DUI Can Exist Below .08
A common misconception is that a person cannot be charged with DUI if the alcohol concentration is below .08.
That is not universally true.
DUI laws generally allow impairment allegations to be based on more than a numerical alcohol concentration.
The exact law varies by jurisdiction.
That is one reason people should not try to determine the strength of their case based solely on the number printed on a breath-test document.
Drug DUI Cases Can Be Especially Complicated
Drug DUI cases are often less intuitive than alcohol cases.
The presence of a drug does not always answer the impairment question.
Relevant evidence may include:
- Driving
- Statements
- Physical observations
- Field sobriety tests
- DRE evaluation findings
- Vital signs
- Toxicology
- Prescription information
- Timing
- Other medical or physiological explanations
THC cases are particularly complicated because concentration and impairment do not always have a simple relationship.
The DRE evaluation findings in a drug case deserve careful review as well.
If There Was a Collision, Preserve Information
If the DUI involved a crash, especially a serious one, tell your attorney immediately about any evidence that may disappear.
That could include:
- Dash-camera footage
- Nearby surveillance cameras
- Vehicle data
- Photographs
- Witness contact information
- Vehicle location
- Roadway evidence
Do not attempt to conduct your own reconstruction or contact opposing parties.
Discuss preservation with counsel.
Serious collision cases can involve both impairment analysis and reconstruction of the crash itself.
You Do Not Need to Become Your Own DUI Expert
Many people spend the first week after an arrest reading statutes, watching videos, studying breath-test machines, and trying to identify every possible defense.
Learning about the process can be helpful.
Trying to litigate the case yourself through internet research usually is not.
Your job is to preserve information, meet deadlines, communicate honestly with counsel, and participate in your defense.
Your attorney's job is to evaluate the legal case.
If specialized technical questions arise, an expert can assist with those questions.
When an Independent DUI Review May Help
Not every DUI case needs an outside expert.
Expert review may become useful when the case includes questions about:
- SFST administration
- HGN
- Breath testing
- Blood testing
- DRE evaluations
- Toxicology
- THC
- Body-camera evidence
- Significant differences between reports and video
- Serious collisions
- Speed
- Collision causation
- Vehicular assault or vehicular homicide
The decision should usually be made together with your defense attorney.
For a detailed discussion, see Can a DUI Expert Help My Case?.
The First Goal Is Understanding the Evidence
Immediately after an arrest, it is tempting to ask one question:
"Am I going to win?"
No responsible lawyer or expert can answer that from a citation and a breath-test number.
The better first step is understanding what evidence exists.
- What did the officer observe?
- What does the video show?
- How were the roadside tests performed?
- What testing occurred?
- What does the timeline look like?
- Are drugs involved?
- Was there a collision?
- Do the reports match the underlying evidence?
Once those questions are answered, the defense team can make informed decisions about what deserves additional investigation.
Legal Limit Consulting
Legal Limit Consulting works with DUI defense attorneys and their clients to review the technical and investigative evidence in DUI cases.
Reviews can include police reports, body-camera footage, field sobriety testing, HGN, DRE evaluations, breath and blood evidence, toxicology, and collision evidence.
If you already have an attorney and believe your case may involve technical issues, discuss expert review with your lawyer.
Keep reading.
Educational information only. This article is not legal advice and does not create an attorney-client relationship.
Deadlines, procedures, and licensing consequences vary by jurisdiction and should be reviewed with a licensed attorney.