After being released from an embarrassing and frightening journey through the DUI arrest process you need to be prepared to take IMMEDIATE action. Being aware of the steps to take as soon as you are released from jail will ensure that your rights are upheld you can beat the DUI charge. IMMEDIATE ACTION is necessary; you must be proactive because the court system just sees you as another, “criminal”. Three things YOU HAVE TO DO RIGHT AWAY is to gather evidence about the arrest, contact a DUI attorney, and request a DMV hearing!
DUI Tip: WRITE DOWN EVERY DETAIL that you remember about the time of your arrest and prior to the incident. The more notes that you take about the time of your arrest the easier it will be to fight the DUI charge. Answer questions such as: Where were you before you drove the vehicle and what were you doing? Did you drink alcohol, and if so, how much? How long after you consumed alcohol were you pulled over? How did the officer behave? Were you given instructions and read your Miranda rights? It’s important to write down everything you think of, even if it does not strike you as important. Special circumstances occur and a good DUI attorney knows information about the process, breathalyzers, and rights that a person in the general public is unaware of.
DUI Tip: THE DMV HEARING REQUEST. Upon arrest there are 2 cases which you need to fight: The DMV case which is a civil proceeding and the court case, which is a criminal proceeding. These 2 cases are mutually exclusive, so the outcome of one does not affect the outcome of another. You will receive an arraignment for your court case, but it’s up to you to initiate the DMV hearing, or else your license will be suspended automatically, whether or not you are actually guilty. You MUST be aware of your responsibility to request a hearing. You must contact the DMV within 10 days of your arrest to demand a hearing. Otherwise, you forfeit your right to a hearing and your
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