The First 10 Days are Critical Following a DUI Arrest

Being arrested for DUI is a life-changing event. Being handcuffed, booked and put into a cell is frightening experience. Call an experienced criminal defense lawyer as soon as possible. There’s a lot at stake.

Talk to Your Lawyer, Not the Police

When you were arrested, you were read the Miranda warning about your constitutional right to remain silent. No one is obligated to convict themselves by doing the jobs of the police or prosecutor. Many people believe that they can talk their way out of an arrest. It’s sometimes possible to talk yourself out of a parking ticket, but that isn’t true for a DUI.

Tell them your name and address, ask for a lawyer, call your lawyer at the first opportunity and stop talking until your lawyer arrives. Not talking won’t make you look guilty, but talking could easily make matters worse.

You Have 10 Days to Request a Hearing

DUI charges proceed along two paths: the criminal charges in court and civil charges concerning your right to drive by the DMV.

After a DUI arrest, you only have 10 days in which to contest your driver’s license suspension by requesting a formal administrative hearing. In most cases, you will be able to drive for 10 days following your arrest using your yellow DUI ticket as a temporary driving permit.

Your attorney will argue your case at the administrative hearing.

  • If the hearing officer upholds the suspension, you can apply for a hardship license in 30 or 90 days, depending upon whether or not you took the breath test. If you took the breath test and blew higher than .08%, you can apply for a hardship license in 30 days. If you didn’t take the breath test, you must wait 90 days before applying for a hardship license.
  • A hardship license allows driving to work, school and religious activities during specified time periods.
  • If the hearing officer overturns your license suspension, your license could be returned immediately.

Call Brooks, LeBoeuf, Bennett, Foster & Gwartney 24/7 at 800-716-2039 for a free initial consultation. You must act quickly. Their attorneys have extensive experience at adminstrative hearings. If their arguments are successful, the DMV will reinstate your driving privilege. When you have this much at stake, you need an experienced DUI attorney.