• First and foremost, remain silent. That means to be quiet. The only thing required from you is to disclose to an officer is your correct name and current address. This extends to all times, including at jail after arrest. Anything else you say and everything else you provide to the investigating officer looking for a drunk driving arrest will be used as evidence against you later. The most harmful information in most DUI cases is what comes out of a client’s mouth. If you want to beat a DUI, you need to remain silent. Because you are more likely than not being video and audio recorded, do not give evidence against yourself. If the officer plans to arrest you anyway, you are not going to improve your DUI charge by talking or begging to be let go.
• Look for premises surveillance cameras, if this potentially may later prove to be helpful evidence at trial or pretrial DUI motions. Your criminal defense lawyer can get a court order or subpoena, to preserve that footage.
• DUI accident cases present many potential defenses for fighting an alleged DUI violation. Equipment failure may have been involved, plus legal defenses to certain aspects of the DUI arrest, such as air bags striking you in the face, and causing head trauma and nystagmus, or a red face. The best DUI lawyers also may need to use an accident reconstruction expert, so listen to your DUI defense lawyer on this issue, since that evidence cannot be generated later.
When clients have followed all of these tips, the chances for acquittal, dismissal or a reduction of charges is much more likely than being convicted, when experienced DUI attorneys are selected and retained to fight your criminal case. After you are released from jail, record everything you can recall. Immediately upon release, it is extremely important that you write down everything you can recall about the arrest. Things to include are:
I. What you were drinking and how much you had to drink
II. How long after you stop drinking you were pulled over
III. What you were doing and where you were before you got into the car
IV. Where you were pulled over
V. How the officer treated you and what the officer said
VI. How you responded to the officer’s instructions
VII. Whether you were read your Miranda rights if arrested
If a person is charged and/or convicted of a DUI offense, there are general things to expect.
• You will be arrested by the officer who pulled you over. Expect to be arrested, taken to the police station, booked, and placed in jail until you can be bonded out. Typically, individuals are in jail until they sober up and can post bond. In some jurisdictions and depending on the offense, this may require an appearance before a judge. In others, there are standard procedures that allow the officers in the jail to accept bond
• You will end up in court. Unless there are unusual extenuating circumstances, you will have to make a court appearance and will be required to plead guilty or not guilty to the offense.
• You will pay. Expect fines, attorney fees, court costs, towing fees, storage fees for your car, therapy fees, counseling fees, etc. etc. This is going to cost a large amount of money even if it is a routine arrest. If there is an accident, property damage, or an injury, the expenses can be astronomical.
• There will be jail time. A person arrested for their first DUI will most likely spend at least a few hours in jail. Individuals with prior arrests will certainly spend at least a few hours in jail and most likely will get some form of jail time, community service, house arrest, etc., upon conviction Depending on the outcome of the case; individuals can be incarcerated for a variable length of time. Multiple repeat offenders can expect at least some extended jail time.
• You will most likely be put on probation. If convicted of a DUI offense, you will most likely be put on probation. This incurs even more expense and regular visits to your probation officer. Be prepared to provide your probation officer with proof that you are not drinking or using drugs.
• Some type of educational program or therapy is in your future. Expect to have to attend some type of substance abuse class, get involved in some type of therapy.
• Expect changes with your auto insurance. Expect your friendly neighborhood auto insurance company to not be your friend any longer. Insurance prices will shoot up, and you may not even be able to get insurance from some companies.
• There is always a record. These days, no matter what, there is always a record of a DUI arrest or conviction somewhere. Even though the conviction is removed from your immediate driving record after several years, a record of it may remain on your permanent driving record. Insurance companies typically look back five years, but there is a record of a conviction forever, even if you are assured that if you comply with probation, it will be removed from your record. There is always documentation somewhere regarding DUI arrests and convictions that can be referenced.
People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust.
That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust.
I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014.
I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high.
Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.