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This is a general guide to some of the most frequently asked questions about DUI arrests.
What is the first thing I should do after an arrest?
If you have been arrested, the first thing that you should do upon being released is to request an Administrative License Suspension (ALS) hearing. This must be requested within thirty days of the arrest. If it is not, then you are waiving your right to contest your license suspension, and the suspension will go into full effect.
Can I handle my case without an attorney?
While it is possible to handle your case without the help of an attorney, it is not advisable. An attorney skilled in DUI defense practices will know not only the DUI and administrative laws, but will also be familiar with the time constraints and defense tactics necessary to get charges dismissed or reduced. The more experience on your side, the better, and Jeff Wolff has resolved over 1,000+ cases.
Is it wise to accept a plea bargain?
This is something that can only be answered by the attorney of your choosing. A plea bargain can be a very viable option in some instances. For example, pleading guilty could result in your charges getting significantly reduced or receiving lighter penalties. This will be different from case to case.
If I get placed on probation, what happens if I violate it?
Being placed on DUI probation means that you are essentially going through a "trial phase" that involves heavy scrutiny and regular check-ups with a probation officer in some instances. Any violation of the terms of your probation can result in an arrest and even additional penalties that are greater than the ones you originally faced. For this reason, it is important to make sure that you fully understand the terms of your probation.
Can I refuse a field sobriety test?
Yes, you can refuse field sobriety testing. You can refuse to speak with an officer – other than to tell them your name and display your driver’s license. In some situations, your refusal to do field sobriety testing can be used against you in court. You can also refuse testing for your blood, breath or urine. Again, in some situations your refusal to provide a sample of your blood, breath or urine can be used against you in court.
How can I get my license back? If you have been arrested for DUI, they have the opportunity to appeal your pending suspending by filing an appeal or applying for a limited permit with an ignition interlock device. This is a difficult decision that you should make with the assistance of a skilled and experienced DUI lawyer. The correct decision is dependent on the facts of your case and your individual life circumstances.
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