5 Things You Should Know When Dealing With A DUI ArrestPublished: Jul 29, 2016, by in Constitutional Rights, Criminal Defense, DUI, Legal Blog
If you’ve ever had the misfortune of dealing with a DUI arrest, it may seem that in the blink of an eye you went from driving home to being handcuffed and put in the back of a police car. When you are left to reflect in the back seat of a patrol car, you are probably wondering how your night went so wrong.
Illinois law enforcement takes DUI charges very seriously and would rather arrest anyone they suspect to be driving while impaired than let someone be a threat to public safety. But this vigorous enforcement of DUI law means that people like you can be arrested when they aren’t committing a crime.
Unfortunately, it’s up to you to get through this DUI arrest and protect your own rights. If you were arrested for a DUI, don’t hesitate to call the Chicago DUI defense attorneys of O’Meara Law at 312-909-0706.
Get an attorney immediately. After you are arrested and taken to the police station, you will be given the opportunity to contact someone regarding your arrest. The truth is that this may take some time and it isn’t just one phone call. You can have a reasonable number of calls to get ahold of someone. Call your attorney directly or speak with a family member who can call an attorney. A lawyer will guide you through questioning and ensure you are released from jail as soon as possible.
Stay silent and ask for a lawyer. Everyone’s heard of their right to remain silent but many people don’t use it. Some people think cooperating means answering the police officers’ questions, even if they end up admitting to having a drink or two earlier in the day. Just remember: the police can use anything you say against you later in court. It is always safer to clearly refuse to answer any questions until your attorney is present. Don’t say you think you want an attorney or that you might need an attorney. State “I will not answer any questions until I have my attorney present.” Once you ask for an attorney, all police questioning must stop until you have your lawyer in the room with you. The police can’t use your silence against you.
Do not argue. People become confrontational after an arrest for a number of reasons. You’re nervous and scared or even outraged when you’ve been arrested for a crime you didn’t commit. But the police station is not the time to argue your case – you and your attorney will have the opportunity to do that later in court with the prosecutor. Disagreeing with the police, even if you believe you’re being polite, can result in the police using what you say against you and treating you as a threat to their safety.
Refuse a warrantless blood test. When you are arrested for a DUI, the police may ask you to take a blood test. This can give them a more accurate reading of your BAC at the time of the arrest. You are not required to submit to this test. The police must obtain a valid warrant for this test before they can require you to take it. A valid warrant will have a description of what is required and a judge or magistrate’s signature.
You will be released on bail. You will be released on a bail bond, which is an amount of money that is refunded – minus fees – when you return for your trial. The amount of your bail will be set by the judge who will consider the circumstances of the DUI and your financial ability. You, a family member, or a friend must pay 10 percent of the bail amount to secure your release – your attorney can’t pay it for you. You will only have to pay the remaining 90 percent if you fail to appear in court or violate a condition of the bond.
Trust O’Meara Law When Facing DUI Charges
If you have been arrested for a DUI in Illinois, it is important to remain calm and reach out to the Chicago DUI defense attorney with more than 20 years of experience. Call Michael O’Meara at 312-909-0706 for a free and confidential consultation of your case.