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What to Do After a DUI Arrest

An Ann Arbor DUI Defense Attorneys Explains What to Expect After an Arrest Blood alcohol test used on drunk drivers

Being arrested for a DUI is stressful. You’re pulled over, put through an investigation you don’t understand, and then arrested. The police let you out of jail the next morning, and there’s no indication of what will happen next.

Often, you may not even be notified of a court date for months down the road. For example, if there was a blood draw, the blood would be tested by the Michigan State Police before charges were filed. A few months or more may pass before you learn of the charges. Learn what to expect after a DUI arrest from an Ann Arbor DUI attorney.

Will Your License be Suspended?

There may be immediate driver’s license considerations that require your attention. A refusal of the blood or breath test offered by the police officer could result in a one-year driver’s license suspension. This is not the preliminary breath test given at the side of the road, but either the breath testing machine at the police station or a blood draw performed by a medical professional. For most people, a one-year license suspension is a consequence more severe than the probation requirements.

In this situation, you have 14 days to request an Implied Consent hearing in which to challenge the one-year suspension.

This is a strict timeline in which to act. The police officer should have given you a form to fill out and send to the Secretary of State requesting a hearing. An attorney can also request the hearing for you. Again, the 14-day rule is strict and requires immediate attention.

Where there is no refusal of the test, you will still have a full valid license enabling you to drive.

Speak With an Ann Arbor DUI Lawyer Before Going to Court

What can you do until notified of your court date? Obviously, if you’re on this web page then you are doing your research.

Not to sound self-serving, but speak with an attorney. Prior to the case starting is when an attorney will gather information and begin evaluating the case for potential challenges. This takes time. We must obtain discovery from the prosecutor and file Freedom of Information Act requests. For example, a standard FOIA request to MSP in blood draw cases take about a month to process.

Once the case has begun in court, many courts hold attorneys to very tight timelines that almost feel designed to hurt the attorney’s ability to properly investigate the case. The sooner the attorney can get started, the sooner the evidence and case against you can be analyzed.

Once we have made a full evaluation of the case against you, we will schedule a time to speak and explain everything to discuss options.

What Can the Client Do Before Court

Many attorneys encourage clients to take certain steps before going to Court, such as attending AA meetings, taking voluntarily taking alcohol tests, or counseling. Many potential clients calling me ask if taking these actions will help their case.

The answer is yes and no. These actions may impress a judge enough to lower bond conditions while the case is pending. These actions also may impress a prosecutor.

However, there is no guarantee such actions will make a difference. I don’t counsel clients to take these actions where there is no tangible benefit. For example, if you are not a problem drinker, then daily AA attendance may show you the harms of substance abuse but will probably not benefit you directly. I do not like to give clients the illusion that extreme efforts on their part will be the difference between a sweet deal at court and no deal, especially where the person may not be a problem drinker.

Having said that, there may be occasions where a person should consider serious steps toward sobriety before going to Court. Perhaps the person has a history of alcoholism, or the DUI arrest involved a high blood alcohol content and a nasty car accident.

Every person is different. What I like to do is speak with a person to understand the individual situation, to tailor appropriate steps before going to Court.

Contact an Ann Arbor DWI Attorney at (734) 883-9584

Call Sam Bernstein at (734) 883-9584 or at bernstein@arborypsilaw.com.

Sam Bernstein is an Ann Arbor DUI Attorney.

Client Reviews
Sam was a helpful lawyer who is a man of his word. He helped in our cases 2 times in a row with successful outcomes. I could not think of a better lawyer who is always on time to court, good attitude, smart, and honest. He is respectful and answers all of the questions we had. Two cases were both a success thanks to Sam Gigi
It has been a couple of days since Sam represented my son in Washtenaw County. He gave me the miracle I prayed for. He did way more than I thought was possible and as I told him on the phone I would hug him if I could. If you ever need a good lawyer, this guy is the one to hire – and his prices are very very reasonable. I wish him much prosperity and a good life. He made my life happy for the first time in a long time and I cannot thank him enough. Linda
Sam took my call and consulted me immediately. He provided fair pricing for the legal services I was requiring. I hired him about a week before my case, he still took on the case load and did amazing work. He is an excellent attorney and a friendly person to be in the court room with when you’re in a stressful situation. Devon