DUI/DWI Arrest Survival Guide

You are probably asking yourself these questions:

  • What do I do now?
  • Will I lose my license?
  • Will I do jail time?

Here are the first 3 things you should do after being accused of a DUI or DUID.

Follow these steps and you’ll be better prepared for your case

1. Write Down Everything

DUI cases are won and lost with their details. So write down everything you remember from your DUI stop, no matter how insignificant. Do it now. Your memory will fade over time, and important details that could help win your case could be lost.

Here are some questions to jog your memory:

  • When and where were you stopped?
  • What reason did the officer give for your stop?
  • Was a breath test administered? If so, what did the device look like?
  • What did you tell the officer about what you had to eat or drink?
  • What sort of tests did they do? (Eye tracking, walk and turn, one leg stand)

Take some time to write down everything you can remember from the stop. Just don’t share it with anyone but your attorney. You’ll thank yourself later.

2. Request a DMV Hearing

When you get charged with a DUI you have three choices: to provide blood for a blood test, provide breath for an Intoxilyzer test, or refuse all testing, a Refusal.

If you submit to an Intoxilyzer and your test result is .08 or higher or if you Refuse testing, you get a yellow sheet entitled Express Consent Affidavit. Should you get one of these, you have seven days from the date of your arrest to request a hearing down at the Department of Motor Vehicles.

If you provide blood though there will be no action taken in your case unless and until your blood results are returned with a .08 or higher alcohol blood result. If so, you will then get a letter from the DMV informing you that you can request a hearing.

If your license was not surrendered at the time of the arrest it must be surrendered to DMV to receive a Temporary Driving Permit allowing you to drive until your hearing which should be within 60 days from the date you requested it.

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3. Hire the Best DUI or DUID Attorney

The most important decision you’ll make for your DUI case is which lawyer will defend you in court. DUI cases involve a lot of science. In fact, the test reports that are normally the main piece of evidence are supposed to follow specific scientific procedures. Knowing the science behind them better than the scientists and the police and the DA is the only way an attorney can challenge those results. Look at how much training the attorney has in DUI/DUID specific courses. Is the attorney a plea attorney or a trial attorney? Do your research like you would any other important decision in your life.

Take your time to and meet with a few lawyers before you make your decision. Make sure to ask them about their credentials in forensic science before making a final choice. Most reputable attorneys will provide a no cost initial consultation to evaluate your situation. Not every DUI and DUID case is the same, make sure your honest and truthful with you attorney. Most of make sure you are comfortable with your attorney and feel they will make recommendation based on your best interest.

Colorado's Premier DUI Defense Attorney


About Ann Toney Law

Ann Toney, P.C. is a prominent Colorado law firm specializing in defending people charged with Driving under the Influence of Alcohol and/or Drugs (DUI and DUID). Ann specializes in defending drunk drivers and impaired drivers either by alcohol or marijuana.

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