DUI Arrest: What Happens Next?
When most people are stopped, arrested, or seeking a reinstatement hearing, they tend to want to know, What Happens Next? Jerald Novak & Associates believes that people have a right to know what is going to happen at every step of the process, whether they have just been arrested, trying to get prevent a license suspension, working to get a restricted driving permit, or want to have their license reinstated.
The following is a brief explanation of what happens at each step of the process, during the arrest, after the arrest, and prior to a Secretary of State Reinstatement hearing.
During the Arrest (According to the Dui Fact Book)
- Police Stop – A person is stopped for probable cause, reasonable suspicion, or unusual operation of a motor vehicle.
- Officer requests driver’s license, vehicle registration, and proof of insurance.
- Suspicion of Driving under the Influence – If the officer suspects the driver is under the influence, the driver is requested to submit to field sobriety tests.
- Field Sobriety Test – If the officer has probable cause based on the field sobriety tests, the driver is placed under arrest for DUI and taken to the police station.
- Chemical Testing – The driver is requested to submit to a chemical testing of breath, urine, or blood.
- Less than .08 but more than .05 – If a tested driver’s BAC is more than .05 but less than .08 percent and no drugs are found in the system, no summary suspension will apply. However, the associated DUI charge will remain until appropriate action is taken by the court.
- Refusal or Failure to Complete Testing – The statutory summary suspension will apply. A repeat offender who refuses testing will not be eligible for a restricted driving permit during the three-year suspension. A repeat offender who takes the test and fails is not eligible for a restricted driving permit during the 12-month suspension.
- Higher than .08 or Detection of Illegal Substances – If the driver’s test results show a BAC of .08 percent or more, or any trace of a drug, illegal substance or intoxicating compound, the driver will be issued a law enforcement sworn report notifying the driver of a statutory summary suspension.
- 45 days of Driving – If the driver’s license is valid, a receipt is issued that will allow driving for 45 days.
- Additional Testing – A driver may obtain additional testing at his or her own expense; the results are admissible in court.
After the Arrest
- Go to Court Immediately – Do not wait for the court date on the original charge. Remember you only have 90 days after the initial arrest to request a driver’s license suspension hearing.
- File a Petition to Challenge the Drivers License Suspension – This hearing will be before a judge and will determine whether or not you driver’s license will be suspended.
- File a Petition for a Judicial Driving Permit – A Judicial Driving Permit will allow you to drive to and from work for most of the time your driver’s licenses is suspended. In addition if you drive for a living, a Judicial Driving Permit will allow you to drive during the course of your employment.
- File an Attorney Appearance – I will file a notice of attorney appearance that will notify the police, prosecutor, and the judge that you are represented by counsel and they can not talk to you unless your lawyer is present.
- File for a Motion of Discovery – I then file a motion of discovery to gather any and all information about the case.
- Subpoena the Arrest Records – This provide us with the police version of what happened during your arrest
- Subpoena the Alcohol Influence Report – This is the police version of how well or poorly you preformed during the field sobriety test.
- Subpoena the Breath Analysis Log – This will tell us if the breathalyzer was tested for accuracy prior to your stop and whether the officer was licensed to use the breathalyzer. If we can get this evidence suppressed your case improves significantly.
- Subpoena any Audio and Video Tapes
The Secretary of State Revocation Hearing
- Review Driving Record – First I subpoena all your driving records and tickets so I have a full picture of your case.
- Review Treatment Information – I review all the documentation related to alcohol treatment including the Remedial Education Certificate, treatment plan, treatment verification, after care plan, discharge summary, and the DUI evaluation. Any testimony at the Secretary of State hearing must be consistent with the treatment information. Any discrepancy can cause you to lose the hearing.
- Prior Hearings Denial Letter – If you have had a previous Secretary of State Hearing I need to review the denial letter. It explains why you were denied at the previous hearing and allows us to remedy any earlier deficiencies.
- Series of Meetings – Next I schedule a series of meetings with you. These meetings are between one and two hours. I give you my opinion regarding your case including, driving record, treatment, and I let you know how I can help get your driving privileges restored.
- Re-Teach Information from Treatment – During these meetings I review what you have learned during your treatment. And I teach you how to discuss what you have learned including acknowledging the problem, how you addressed the problem, and what positive steps you have made to change your behavior.
- Get a Restricted Driving Permit from the Secretary of State – A majority of my clients receive a Restricted Driving Permit, or Hardship License, at their first hearing.
- Apply for Unrestricted License – After you have had a restricted driver’s license for nine months we can apply for a permanent unrestricted driver’s license.