What to Do Once You Have Been Arrested For a DWI
What to Do Once You’ve Been Arrested
If you’ve been arrested for a criminal offense—or suspect that you will be arrested—perhaps one of the most important things you can remember is that talking to the police is rarely in your best interests. Of course you will provide the basic information such as your name and address, but before you answer any further questions, it is highly advised that you ask to speak with an attorney first. Meaning, you invoke your right to remain silent and to obtain legal counsel. Specifically, the Miranda Warnings exist for a very good reason, so remain calm and politely decline to answer any further questions until you have had a chance to consult with your attorney. Police officers and prosecutors are trained to gather evidence which as you are already aware, will later be used against you. In many cases rules may be bent or broken in this quest to gain a statement or “break the case.” You may make an entirely innocent comment which is then taken out of context and used to convict you.
Typically, you might go to court 3-5 times before you have to make a decision on whether or not you want a trial on your DWI case. The function of the court settings is to negotiate with the prosecutor and gather all the evidence in the case. We will want to review with you the police reports and the video if one is available in your case. After reviewing your case with you we will give you our opinion on your success at trial. Ultimately, it is up to you whether or not you want a trial or you want to accept a plea bargain.
If you decide you want to fight the case and have a jury trial the trial could last anywhere from one day up to a week. Several factors go into the length of a trial such as: court’s schedule, facts of the case, and deliberations. For example, a blood test case will likely be longer than a case where no blood or breath test evidence was collected. If you decide to go to trial and the jury renders a not guilty verdict then you will be entitled to have your case expunged. If you are found guilty the case moves to the punishment phase.