Navigating Your First DUI Arrest: What Are Your Rights?
If you’ve been arrested for driving under the influence (DUI), you’re probably feeling scared, confused, and overwhelmed. Those feelings are all natural and you can help it.
Also, you may be wondering what your rights are and what the possible consequences of a DUI conviction are to your personal life, career, and many more. Luckily, this post will provide you with a basic overview of your rights and what to expect after getting arrested for driving under the influence.
Nonetheless, it’s important to note that the featured insights here are just general information and can’t substitute for actual legal advice. If you’ve been arrested for a DUI, it’s best to contact an experienced criminal defense lawyer in Williamson County, TN as soon as possible to help you out in your legal predicament.
What Are Your Rights After A DUI Arrest
One’s rights aren’t set aside during instances such as an arrest due to a DUI. In fact, you have the following rights after a DUI arrest:- The right to remain silent: You don’t have to answer any questions from the police. You have the right to remain silent until you speak to an attorney who’ll look out for your best interests.
- The right to an attorney: You have the right to an attorney present during questioning and at all other stages of the legal process. If you can’t afford an attorney, the authorities will appoint you one.
- The right to a fair trial: You have the right to a fair trial before a judge or jury. You’re presumed innocent until proven guilty beyond a reasonable doubt.
Keep the abovementioned pieces of information in mind during the whole legal process.
What To Expect After A DUI Arrest
A DUI offense usually leads to an arrest. While you’re under police custody, you may need to provide personal information, your fingerprints, and many more.Undergoing a breathalyzer test is standard. If you fail the breathalyzer test, you’ll be held in jail until you’re sober. And you may be required to post bail before you can be released.
On the other hand, if you refuse to take the breathalyzer test, you’ll automatically lose your driver's license for certain periods, depending on the rules of the state where you’re in.
Once you’re released from jail, you’ll be scheduled to appear in court in a later date. At your court date, you’ll be formally charged with a DUI. You may be arraigned too, which is when you’ll enter your plea – whether you’re guilty or not.
If you plead your non-innocence, you’ll be sentenced immediately. If you plead the opposite, though, your case will go to trial. At trial, the prosecution will try to prove that you were driving under the influence. You have the right to present your own evidence and to call witnesses to testify on your behalf.
Possible Consequences Of A DUI Conviction
If you’re convicted of a DUI, you could face a number of penalties, including:- Fines;
- Jail time;
- License suspension or revocation;
- Increased insurance rates;
- A criminal record; and so on.
The specific penalties you face will depend on the severity of your offense and whether you have any prior DUI convictions.
How To Navigate The Legal Process After A DUI Arrest
If you’ve been arrested for a DUI, it’s important to contact an experienced DUI attorney as soon as possible. A DUI attorney can help you understand your rights and protect your interests throughout the legal process.Your attorney can help you to negotiate a plea agreement with the prosecution too. A plea agreement is a deal in which you agree to plead guilty to a lesser charge in exchange for the prosecution dropping some or all of the charges against you.
If you’re unable to reach a plea agreement with the prosecution, your case will go to trial. At trial, your attorney will represent you and argue your case in front of the judge or jury.
Getting Help
If you’ve been arrested for a DUI, there are a number of resources available to help you. They’re some of the following:- DUI treatment programs: DUI treatment programs can help you to understand the risks of drinking and driving and to develop healthy coping mechanisms.
- Support groups: Support groups can provide you with emotional support and guidance from other people who have been through the DUI process.
- License reinstatement programs: License reinstatement programs can help you get your driver's license back after it has been suspended or revoked.
Conclusion
Being arrested for a DUI can be a scary and overwhelming experience. Yet it’s important to remember that you have rights. By understanding your rights and taking the necessary steps to protect your interests, you can navigate the legal process and get back on your feet.Legal Powers, PLLC
235 3rd Ave N, Franklin, TN 37064
(615) 762-8775
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Posted - 10/02/2023
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