If you were just arrested for a DUI the police will more than likely take you to be processed, either at the police station or at a mobile command post. A Mobile command post is a large van or trailer that police departments set up somewhere in the city to specifically process people who have been arrested for DUI. Once at the station or mobile van, an officer will start asking you questions, request to take your breath or blood sample. Take your finger prints and issue you a citation or citations. You will be given a court date which will be listed on your citation. Once you are processed, the police will usually let you call someone to pick you up and take you home.
What Rights Do I Have After I Have Been Arrested For A DUI?
After you are arrested for a DUI, you have an absolute right to remain silent. You are not obligated to take any of the roadside field sobriety tests or the Horizontal Gaze Nystagmus (Pen test).
Additionally, you are not obligated to submit to a Portable Breath Test on the side of the road.
You have the right to request an attorney prior to answering any questions or taking any blood or breath tests.
At What Point Should I Request An Attorney?
If you get pulled over for suspicion of DUI and the officer states you are not free to leave, I suggest you request to speak to an attorney immediately.
In a DUI arrest, can I contact an attorney before taking the breath or blood test?
Absolutely. My advice is to definitely request to contact an attorney and have a private conversation with that attorney before submitting to any breath or blood tests.
Will I Be Able To Drive From Jail After A DUI Arrest? What Happens To My Physical License?
After you are released from jail or the police station for a DUI, the officers will not let you drive. They will either let you call a family member or friend to come and pick you up or call a cab to take you home.
In most circumstances, the police officer will take your physical driver’s license and give you a copy of the Admin Per Se Form, which is yellow and/or pink. The officer will tell you that that piece of paper is your license to drive. The form also states that unless you request a hearing with the motor vehicle department within the next fifteen days, your driver’s license will be automatically suspended for 90 days.
What Are The Common Mistakes People Make After A DUI Arrest?
Many times, people who get charged with a DUI fail to contact an attorney within the first 15 days after they were arrested for a DUI. They have no idea that their driver’s license will be automatically suspended in 15 days. By the time they contact an attorney, that time has passed and their license is already suspended. But had they contacted an attorney and the proper request was made for a hearing to contest the suspension of their driver’s license, the attorney may have been able to get the suspension voided.
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