5 Actions To Take After A DWI Arrest
If you have been arrested for driving under the influence, you may be wondering what to do next. Before you go to court, you should consider hiring a professional to represent you. They can help you to speak on your behalf in court and provide advice on whether or not to plead guilty. In addition, they can help you to post bail and schedule a DMV hearing.
1. Submit To A Chemical Test After The Arrest
If you are arrested for a DWI, it is important to know what your rights are before refusing to submit to a chemical test. Not taking the test can result in a temporary suspension of your license, or a hearing with the department of motor vehicles. Depending on the circumstances, the court may also decide to take your license away for up to 30 days.
The consequences of refusing to submit to a chemical test after a DWI arrest are serious. The refusal can lead to the loss of your driver’s license or even a criminal case. Additionally, a refusal can limit the evidence used against you. It is important to remember that you have the right to challenge your refusal to the police on a technicality.
If you refuse to submit to a chemical test after a DWI arrest, you can request a court order compelling the police to perform a blood-alcohol test on you. However, this can only be done after your arrest, and only after you’ve been transported to a police station or hospital.
There are many factors that go into a chemical test. First, the test must be administered in a private setting with a trained professional. The test must follow a specific procedure to avoid contamination and spoilage. You can also get a lawyer to review all the steps of the arrest and the data collected by the police.
If you refuse to submit to a chemical test after a DWI arrest, the results of the test will be used against you at trial. In addition to the possibility of a criminal conviction, refusal to take a chemical test can also lead to suspension of your driver’s license. However, the prosecution can also argue that you refused to take a test to cover up your intoxication.
2. Contact An Experienced DWI Attorney
If you’ve been arrested for driving under the influence, the first step you should take is to contact a DWI attorney. An experienced attorney can help you understand your rights and help you decide whether to go to trial or accept a plea bargain. There are many reasons to go to trial, and some people will have compelling reasons to opt for a plea bargain.
A DWI conviction can cost you your driving privileges, as well as your freedom. Not only is your freedom at stake, but also your professional life. A skilled attorney like Steven Hernandez can identify flaws in technical evidence to weaken the prosecution’s case.
A DWI arrest can be a frightening and confusing time. While it’s natural to be nervous and confused, it is also important to understand the legal process that follows an arrest. A court hearing called an arraignment will take place soon after a DWI arrest. At this hearing, the judge will read the charges against you and explain the penalties you face. Most traffic cases are resolved with plea bargains, but in a DWI case, the prosecutor cannot accept such an offer and will have to proceed with the case.
3. Post Bail
If you have been arrested for a DWI, you may be wondering how to get out of jail and post bail. You might be concerned about how much it will cost and whether or not you can afford it. A good DWI defense attorney can help make sure your bail amount is reasonable.
You can post bail in a variety of ways. First, you can give cash or property that has a cash value to the court. This money will secure your release and keep you out of jail until the trial date. It’s important to remember that if you don’t show up for court, your bail will be forfeited.
A second option for posting bail is called release on recognizance. This option doesn’t require money, but it does require a written statement to guarantee that you will appear in court on the date you agreed. You must also agree not to commit any crime until the court dates are set.
The amount of bail you can afford depends on the amount of your criminal history. If you are a repeat offender or have other serious criminal charges, the court will likely set a higher bail amount. The amount of your bail will depend on the criminal laws in your state and the rules of the court in your county.
4. Schedule A DMV Hearing
Once you have been arrested for DWI or DUI, you must schedule a DMV hearing as soon as possible. You can schedule a hearing as early as 30 days after your arrest. The hearing can be held anytime during October 2022. However, it’s important to know how to prepare for your hearing. If you fail to do so, you could face a license suspension.
A DMV hearing is different from a court trial. It does not deal with your guilt but rather with the circumstances surrounding your arrest. A DMV hearing can last anywhere from ten minutes to two hours, depending on the severity of the DWI case. Moreover, it is important to remember that the hearing officer is not a judge or a lawyer. In some cases, the hearing officer may be friendly and sympathetic, while others may be intimidating.
The hearings are not held in a courtroom but in a DMV office. The hearing officer is not a judge, but an employee of the DMV. He/she will have special training. During the hearing, the officer will consider the results of the breathalyzer test and the arresting officer’s observations of intoxication. Also, the officer will consider the results of the field sobriety tests performed by the driver.
The DMV hearing will decide whether you should be suspended or denied driving privileges. There are several administrative appeals available for certain circumstances. It’s important to contact an attorney if you’re concerned about the validity of your appeal. Your attorney will be able to advise you about the merits of your appeal and what you should expect. In any case, you need to take the DMV hearing seriously and follow all required procedures.
5. Get Ready For Arraignment
After a DWI arrest, you will be required to attend an arraignment. This will be your first court appearance. At this hearing, the judge will read the complaint against you and explain your rights under the law. You will be required to enter a plea of guilty or not guilty. A guilty plea will result in a sentencing hearing immediately, while a not-guilty plea will postpone your case until a later date. Fortunately, you can hire an attorney to represent you and ensure a good outcome in the courtroom.
If you have been arrested for DWI, the first step you should take is to seek the legal representation of a qualified DUI attorney. You can also ask the judge to appoint one for you. Hiring an attorney is important because the consequences of a DUI conviction can be serious.
Whether you are in custody or released from jail, you will have to attend an arraignment. It should occur as soon as possible after your arrest. If you are in custody, the court will likely send you a date for your arraignment within 48 hours. If you are not, it may take up to several weeks. The time frame for your arraignment depends partly on when the prosecutor files a charging document. This document can be an indictment, information, or criminal complaint.
A good defense attorney will be able to give you a variety of options for handling your case. One of these options is to plead not guilty. This will allow you time to discuss your options with your lawyer and weigh the evidence against you. It is important to remember that you can always plead guilty later, but a good attorney will be able to help you determine the best path forward.