Drink-driving is a relatively common charge. In fact, according to MADD, there were a total of 78,480 charges and short-term suspensions in relation to impaired driving in Canada. This is a staggering number that shows how prevalent this type of driving incident is.
With impaired driving being common, there is an important process to follow. Even if you do not plan to drink and drive, it is wise to know what to do after being arrested. Thankfully, this post outlines the four key steps you must follow in this situation.
Understand Your Rights
After being arrested for driving under the influence (DUI), you must remember that you have several key rights. One of the biggest and most well-known rights is the right to remain silent. This means you are not obligated to answer any questions from the police, although you must provide basic information, including your name, address, and date of birth. It is vital to be polite when invoking this right, particularly to avoid self-incrimination.
The right to counsel should also be invoked, and the police must inform you of this right upon your arrest; they should help you contact a lawyer, too. It is advised to speak with a lawyer before answering any questions, as they will keep you on the right track throughout the process. Plus, police officers are not allowed to question you while you contact your lawyer.
Other rights to remember include the right to be informed of the reasons for arrest, the right to legal aid, and the right to a fair trial.
Document Everything
As well as understanding your rights, it is vital to document everything related to the arrest. This is important to ensure you and your legal counsel are aware of all aspects of the incident and can act accordingly. You must try to be observant and keep note of everything, including the initial interaction. Record the time, location, and circumstances of the traffic stop first and foremost.
Any and all tests that you participate in should also be documented. If you took part in a field sobriety test, such as a horizontal gaze nystagmus or one-leg stand, then this information should be noted down. It is best to include how you performed and any instructions that were provided during the test. The results and testing process of your breathalyzer or chemical tests are required, too.
You must also obtain a copy of any formal charges that are laid against you; this will include the specific DUI offense you have been charged with.
Seek Legal Counsel
Although briefly touched upon before, it is vital to seek legal counsel immediately after being arrested for drinking and driving. You can protect your rights and obtain proper legal representation if you contact a lawyer as soon as possible. The right lawyer will guarantee your rights are respected throughout the entire legal process.
However, lawyers for impaired driving charges will have the knowledge and expertise in your specific case. They will understand the charges against you and be able to explain them as well as any potential consequences and the best course of action for you to follow. Using the information that you have noted, they can examine the details of your arrest and gather evidence, while they challenge inconsistencies using other documents.
If the time arises, the lawyer will then represent you in court and present your case.
Comply with Release Conditions
Once you have been released, there will likely be certain conditions you need to follow; these are known as release conditions. The conditions you are given could include reporting to a probation officer regularly via phone or in person, not consuming alcohol or drugs, not driving, or staying within a certain city or province. It is also mandatory to attend scheduled court appearances.
Release conditions must be followed to avoid further legal issues. You might receive additional charges or harsher penalties in some cases. For example, failing to appear in court could result in a warrant for your arrest.
To conclude, there are numerous steps to complete after you have been arrested for a DUI charge. If you are ever unfortunate enough to end up in this situation, you will benefit from the above information.
