One of the scariest moments in life is being arrested or coming very close to it. When you are stopped on suspicion of drunk driving in Oklahoma, your mind is likely racing and you are considering all the potential consequences of what you are facing. Most people do not know what to do after a DUI arrest or any arrest for that matter. This page is intended to provide guidance on what you should do after you have been arrested. The following are six things to do after a DUI arrest

  1. Write Everything Down

DUI cases are fought in the details. Your memory is best shortly after any event, even if you were impaired. Write down every detail of your DUI stop and anything after the fact, no matter how insignificant it seems. One detail is all it takes to win many DUI cases. Most, if not all DUI traffic stops are based on a traffic violation. Officers are required to document the alleged traffic violation that gave them a basis to stop you from driving down the road. Your DUI may be dismissed, if the judge believes there was insufficient evidence of a traffic violation to warrant stopping your vehicle.

Another example, officer conduct a field sobriety test after your DUI traffic stop; however, you are forced to stand on an uneven surface and the police lights are flashing in your face, while you are attempting your field sobriety test. These facts diminish the validity of the results in your field sobriety test, which can lead to your DUI being dismissed or a better outcome in your case.

The long and short of the facts in a DUI case, is that the facts matter and can result in your DUI being dismissed or a good outcome being reached. The following questions should help begin your process of recalling and documenting details from your DUI traffic stop:

  • Where were you stopped for your DUI?
  • What basis did the office give for your DUI stop?
  • Do you think the officer’s claim for your DUI stop is accurate?
  • Did you perform a field sobriety test? What field sobriety tests did you take?
  • Did you have to stand on one leg? How did you do?
  • Did you follow a pen light with your eyes? What was it like?
  • Did you do the walk and turn test? How did you perform?
  • Was a breath test administered? What device did they use? What did the device look like?
  • What information did you give to the office about what you ate or drank?

Taking time to write this information down will help support your DUI defense. You should not share this information with anyone except your attorney.

  1. Identify Witnesses

Speak to everyone you interacted with the night of your DUI arrest, i.e. friends, family, and acquaintances, especially, if they were with or observed you immediately before, during, or after your DUI arrest. Make sure you record their information, what they remember and their contact information. Ask them, if they would be willing to speak to your DUI defense attorney.

Witnesses in a DUI case or any criminal case, can be a huge asset. In a DUI arrest, the police officer or police officers that arrested you for DUI will write police reports, which give their side of the event. Prosecutors rely on police reports more than anything in DUI cases to determine what they believe happened; however, when you and your DUI defense attorney can present statements, affidavits, or witness testimony to support your DUI defense or the fact you were not as intoxicated as the police claim, or not intoxicated at all; it is a huge benefit to your Oklahoma DUI defense.

Your DUI defense attorney will communicate with your witnesses with your introduction to support your DUI defense and build a story that supports your claims of innocence or that you were not as intoxicated as the police officer claims. Additionally, these witnesses to your DUI case can support a motion to dismiss your case based on police misconduct, if they observed it or the witness can testify that there was not a basis for your DUI traffic stop. A strong DUI witness can be the difference between a guilty and not guilty verdict in a DUI trial.

  1. Make your Social Media Profiles Private

Social media is a fun place to interact with friends and share stories and life; however, it can be your enemy if you have a DUI case pending or any case for that matter. The adage, “anything you say can and will be used against you in a court of law?” is very true actually. Anything you post on social media could be used to impeach you or hurt your DUI case.

Prosecutors of their investigators often search social medial, i.e. Facebook, Twitter, Instagram to find incriminating photographs or comments in criminal cases, including DUI cases. Information that is dated to the night of your DUI arrest or comments by you after the fact can damage your DUI defense. One example, a client went on a rant about how drunk they got last night and got arrested for a DUI, which took away his option of going to jury trial to fight his DUI as the prosecutor knew about the post.

Out of context social media posts, in a vacuum, can make you appear very guilty or appear that you do not care at all about your charges or the fact that you are accused of a DUI crime. Do not give the prosecution free ammunition to attack your defense or show your guilt. You should remove any incriminating information from your social media accounts and make all accounts private, i.e. only your friends or no one can access your account information, until your DUI is dismissed or your DUI case is resolved.

  1. Hire the best DUI Lawyer

The biggest decision in your DUI case is which DUI defense attorney you decide to hire. DUI cases are complex and involve much science and particular knowledge. The toxicology, blood alcohol content, and other scientific information in a DUI case is often the key aspect of your defense or the prosecution’s case. Retaining a DUI defense attorney with experience and knowledge in DUI science, intoxilyzer calibration, blood alcohol content, and other medical factors that lead to skewed results in blood or breath tests may be the key to your DUI defense.

Your DUI defense attorney having a better understanding of the science than the prosecutor or police officer will allow your attorney to challenge the validity of your results, either to the prosecutor or in trial. You should ask DUI defense attorneys you consider hiring, if they have ever been in a DUI trial and more importantly have they won in jury trial? You should research each DUI defense attorney your considering and interview them for their courtroom experience and reputation.

  1. Put your DUI in Context

Your DUI arrest and DUI case may be the most stressful experience in your life; however, “this too shall pass”. It is natural to be in fear or obsess over your DUI case; however, that is why you hire the best DUI defense attorney you can. Communication with your Oklahoma DUI defense attorney will keep you informed every step of the way. Our Fierce Advocates will fight for you and ensure you know what your options are and what you are facing at every step of the DUI process.

An experienced DUI defense attorney can remove much of your stress by explaining the process to you, the consequences or punishment you may face, and will fight for your best interests with the prosecutor. If you are facing a DUI in Oklahoma, feel free to reach out to our team for answers to your questions. Our experienced DUI defense attorneys can walk you through the process you will face and the potential outcomes you can expect in a free confidential case evaluation with no pressure to hire us. We want to help you understand this process.

  1. Take Action

You cannot take back the events that lead to your DUI arrest; however, you can decide how you respond to the situation. By being proactive in hiring an experienced DUI defense attorney and working a plan to respond to your DUI case, you can position yourself for success.

If you have a drinking problem, then you can be proactive by obtaining a alcohol assessment, getting into alcohol treatment, or attending AA meetings on a regular basis to show you are taking the DUI case seriously. Alternatively, if you do not have an alcohol problem, you still can get an alcohol assessment, or an alcohol and drug assessment (ADSAC) to document that a professional does not believe you have an issue and still participate in treatment or other steps to show the prosecutor or judge that you are taking the issue seriously.

Contact an experienced DUI defense attorney – Cannon & Associates: Oklahoma Fierce Advocates for DUI defense

Facing a DUI charge or being arrested is a stressful process, not to mention the costs associated with the process. At Cannon & Associates, we are dedicated to DUI defense and ensuring everyone understands the process, what they are facing, and knows their options. Whether you decide to work with us or not, we would be glad to meet with you and explain your options.

Cannon & Associates is dedicated to Fierce Advocacy for those facing DUI charges or a DUI arrest. Founder John Cannon has been recognized as a Super Lawyer and Top 40 under 40 in Criminal Defense. Contact Cannon & Associates by completing the CONTACT FORM ON THIS PAGE NOW or CALL at 405-657-2323 for a free confidential case evaluation.