If you have just been arrested for DUI you want to know, what should I do now? This is a guide to several steps you can do. Click on the links in the Table of Contents.
Arrested for DUI- What Should I Do Now?
Table of Contents
Independent Blood Test
The first thing you should try to do upon release from custody is try to get an independent blood test. When a person is arrested the police are required to advise them that they have the right to obtain an independent blood test, which sounds like more than it really is. What the right means is the police cannot interfere with a person’s efforts to obtain an independent test, but it does not mean a hospital is required to give a person an independent blood test. While in custody, if the arrestee requests it, police are not supposed to interfere with a person’s efforts to obtain an independent test. That means if the arrestee requests it they must be given access to a telephone to arrange for someone to come to the station or jail and draw blood from them, which is practically impossible. However once the person is released from custody the police cannot prevent someone from going to a medical facility and request that blood be drawn and tested for alcohol or drugs, however, most medical facilities will not do it. Having said that you should always try to get an independent test because even if you can’t get one you can at least say you tried to get one and it could make a difference when the case goes to trial. So the first thing you should try to do is, get an independent blood test and, if not possible, to get something in writing from the medical facility saying you tried.
Arrested for DUI- Accident
The next steps depend upon what happened in the case and, more specifically, whether there was an accident. If there was an accident of any kind involving something more than damage to your own vehicle or injury to you alone, then you should immediately contact an attorney because you may be facing a felony aggravated assault or criminal damage charge. If someone else suffered an injury, for example a passenger in your vehicle, that can be charged as an aggravated assault, even if the person does not want you to be charged. It does not take much in the context of criminal law to say that an injury is a serious injury for purposes of an aggravated assault prosecution. For example, if a passenger in your vehicle was not wearing their seatbelt and the vehicle struck something, if they put their hand up to brace themselves and suffered a fractured the thumb you could be charged with aggravated assault. Also, damage to another’s property can be charged as felony criminal damage. Therefore if there is any kind of an accident that involves more than damage to your own vehicle or injury to yourself you should immediately contact an attorney.
Arrested for DUI- Vehicle Impoundment
- $150, cash or money order
- The registration card
- The insurance card showing the owner is under the policy.
- A valid license.
Arrested for DUI- Suspended Driver’s Licenses
Arrested for DUI- MVD Mailing Address
Arizona Mobile I.D.
Temporary I.D. Card
Duplicate Driver’s License
You should not get a duplicate driver’s license. If the officer took your license the Implied Consent Admin Per Se Order is your legal license. A duplicate license is not legal and can be considered as a false license, even if he MVD give it to you. Possession of a false license is a crime. Do not get a duplicate driver’s license.
Personal Property
You should check to see if you got all your property back from the police before you are released from custody. Property get can lost. Once released the police will claim they know nothing about lost property. I had a case where my client wallet was lost by a Phoenix Police Officer. The officer had placed the wallet on the hood of the patrol car. The officer then drove off and in the process the wallet and all the contents were lost. My client had to cancel all his credit cards he had in the wallet. The police may believe you are lying about lost property but be persistent. If you cannot resolve it with officer ask to speak to their Sergeant.
Weapons in Vehicles
The police impound your weapons found in your vehicle. If the weapon is not a part of the criminal charge then you can get the weapon back within a few days. The arresting officer should have explain how to do get the weapon back. Sometimes weapon are held as evidence in the case. Officers ask occupants of vehicles if there are any weapons in the vehicle. If someone falsely says no weapons are in the vehicle they be will charged with making a false statement. Those weapons will be impound the weapon as evidence of a crime. If the weapon is held by the police as evidence until the case is over. If the charge is guilty the weapon may be forfeited. If the end is not guilty it may take a court order to get the weapon released.
Should I hire a Private Attorney for my DUI?
Can I represent myself?
Anyone can represent themselves on any misdemeanor crime charge. When arrested for DUI the most important goal is to minimize the the effects on you and your family. If you can do that yourself then you do not need a lawyer. To best represent yourself you will have to be able to negotiate with the prosecutor to get best the plea offer. If that does not work then you must be ready to represent yourself in a jury trial. You will have to deal with the MVD, which often makes mistakes. You will have to anticipate and minimize, all of the possible effects of the DUI on you and your family. Keep in mind the judge, prosecutor and MVD staff may be very polite and cordial, but their job is not to help you. They do not represent you and cannot give you legal and or advice on other problems you may encounter.
Should I get a Public Defender?
What Should I Consider When Hiring a Private Attorney?
Questions to Ask Private DUI Attorneys
- DUI Attorney Cost- Is it an hourly or flat fee agreement?
- DUI Attorney Cost- If an hourly agreement, how much per hour?
- If a flat fee does the agreement say you can discharge the lawyer and request a full or partial refund?
- If a flat fee is it a full flat fee or a partial fee agreement?
- If a full flat fee agreement does it include a jury trial? if not, why not?
- If a full flat fee agreement, does it include all MVD hearings?
- If a partial flat fee agreement, how much is the trial fee and is it a trial fee for each trial?
- If a partial flat fee agreement, does it include all MVD hearings and if not what is the those fees
- Does the agreement call for paying interest on the balance due?
- DUI Attorney Cost- Are there late fees?
- Does the agreement have a cost to change the monthly payment amounts or method of payment?
My DUI Flat Fee Agreement- Affordable Payment Plans
I offer one all inclusive DUI flat fee agreement with
- Reasonable payments plans individualized for each client’s ability to pay;
- No set mandatory minimum monthly payment amounts for all cases;
- Payment amounts are made for each client so we can agree on a month plan the client can afford;
- No interest on payment plans balances;
- No fee to change the monthly payment amount or payment date.
- All MVD licensing hearings and problems
- All court proceedings including jury trials
- Help with court ordered and MVD sentencing requirements
- Help with other collateral consequences.
Arrested for DUI- Notification of Professional Licensing Boards
Arizona licensed professionals may have to notify their licensing board for any arrest. The board must be notified within a specified time. For example. health care professionals, such must notify their licensing board within 10 days arrest. Failure to notify their board is a basis for professional discipline. The time for notification varies by board. For an arrest requires notification and others a criminal conviction. If you are a licensed professional check to see when and if you must notify your licensing board.
Arrested For DUI- Employer Notification
You may or may not have to notify your employer of the arrest as a condition of your employment. You should check your employee handbook to see if you must do so. and, if you have any questions about it, talk to a lawyer. If are member of a union you can ask your union representative.
Written Statements
Arrested for DUI- Substance Abuse Counseling
A common thought is if I do counseling now it will make be look good with the judge. In time that may be true but it is not necessary right after the arrest. I tell my clients to do counseling if they think they need it. If people do counseling early for the court they may be doing a type of counseling the court has not approved. In time it may be good to do counseling for the court but wait and talk with your attorney first.
Arrested for DUI- Fingerprints
Often the police will give people orders to get their fingerprints taken. The court must get a set of fingerprints. Fingerprints ordered by the police may or may not go to the court. For most courts it is better to wait until the court issues a fingerprint order. An exception is in Chandler for cases cited into the Chandler Municipal Court.
These are some of the immediate thoughts I have about what people should do when first arrested for DUI in Arizona. The last thought is you should always contact a lawyer immediately, because the Arizona DUI penalties are very severe and could have an effect on your life and your family in ways you did not anticipate.
Gordon Thompson DUI Attorney
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As a DUI Lawyer I know an arrest for a DUI or other criminal charge means you are no longer in control of your life
You may have to:
- Stop driving
- Attend many court and counseling sessions, thus jeopardizing your job
- Serve jail time
- Drive only a vehicle equipped with an ignition interlock device for years.
Since 1979 as a DUI Lawyer I have helped over 6,000 DUI & Criminal law clients take back control of their lives
- I prevent the immediate suspension of my client’s driver’s license
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- If there is a conviction, I help my client avoid or lessen the many adverse consequences of a conviction.
My job as a DUI Lawyer is to see the DUI each case through my client’s eyes
All of my clients are unique individuals. An arrest my trigger actions which are different for them than my other clients. My job is to anticipate and minimize the consequences for each client and their family.
I have designed my DUI Attorney practice as if I were the client
If I were the client, I would expect my lawyer to do? I would expect my attorney to keep me fully informed as the case progresses. I would want my lawyer to anticipate problems I was not be aware of. I would want my attorney to help me do whatever the courts and MVD said I had to do. Because that is what I expect, this is what I provide to my clients. Personalized Service is my responsibility alone.
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