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What to Do Immediately After a DUI Arrest

Author: 757 Defence
by 757 Defence
Posted: Mar 28, 2025

Being arrested for DUI (Driving Under the Influence) can be a stressful and overwhelming experience. However, taking the right steps immediately after your arrest can help protect your rights and improve your chances of a favorable outcome. Here’s what you should do if you find yourself in this situation.

Step 1: Stay Calm and Cooperate with Law Enforcement

When pulled over or arrested for DUI, it’s essential to remain calm and respectful. Resisting arrest or arguing with officers can lead to additional charges. However, you also have rights—be mindful of what you say and avoid making self-incriminating statements.

Step 2: Exercise Your Right to Remain Silent

You have the right to remain silent beyond providing your identification and vehicle documents. Anything you say can be used against you in court, so it’s best to politely decline to answer questions without a lawyer present.

Step 3: Be Aware of Virginia’s Implied Consent Law

Virginia has an implied consent law, meaning that by driving in the state, you have agreed to submit to a chemical test (breath or blood) if lawfully arrested for DUI. Refusing a test can result in an automatic license suspension and other penalties, even if you are not convicted of DUI.

Step 4: Take Mental Notes and Document Everything

Write down everything you remember about the traffic stop and arrest, including:

  • The officer’s statements and behavior

  • Whether you were read your rights (Miranda warning)

  • The results of any field sobriety or breathalyzer tests

  • Any potential witnesses

These details could be critical for your defense.

Step 5: Contact a DUI Lawyer Immediately

One of the most important steps you can take is to hire an experienced DUI lawyer. A skilled attorney can:

  • Evaluate the evidence against you

  • Challenge the accuracy of breathalyzer or blood test results

  • Identify any procedural errors by law enforcement

  • Negotiate for reduced charges or case dismissal

Step 6: Prepare for Your Court Date

Failing to appear in court can lead to additional penalties, including a warrant for your arrest. Your attorney will advise you on how to plead and the best defense strategy for your case.

Step 7: Address License Suspension and Possible Restricted Driving Privileges

If convicted, your driver’s license may be suspended. However, you may be eligible for restricted driving privileges, allowing you to drive to work, school, or medical appointments. Your attorney can assist with this process.

Step 8: Consider the Consequences and Take Proactive Steps

DUI penalties in Virginia can be severe, including:

  • Fines (ranging from hundreds to thousands of dollars)

  • License suspension (from months to years)

  • Jail time (especially for repeat offenses or high BAC levels)

  • Mandatory alcohol education programs

  • Ignition interlock device installation

To improve your situation, consider:

  • Completing a voluntary alcohol education program before your court date

  • Attending support groups if alcohol use is a concern

  • Maintaining a clean record while your case is pending

Conclusion

A DUI arrest in Virginia is serious, but taking the right steps can protect your rights and improve your chances of a better outcome. The most critical action you can take is to consult an experienced DUI lawyer who can fight for your case. If you need legal representation, contact 757 DEFENCE today for consultation and expert legal guidance.

About the Author

If you’re searching for a Virginia Beach Dui criminal defense lawyer, look no further. It can be quite difficult to deal with legal issues, especially when you are charged with a crime.

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Author: 757 Defence

757 Defence

Member since: Mar 25, 2025
Published articles: 2

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