According to statistics compiled by the National Highway Traffic Safety Administration, driving under the influence (DUI) is a problem that causes almost 11,000 fatal crashes each year. The Centers for Disease Control and Prevention estimates that one person dies every 40 minutes in road traffic accidents caused by drunk driving, thus making it a public health concern.
Since the enactment of comprehensive and strict laws in the 20th century, DUI has been one of the most frequent factors resulting in arrests across the United States, accounting for 11% of all bookings at detention centers. Statistically, the odds of American drivers getting arrested for DUI are one in 121, which in 2024 accounted for over 800,000 arrests.
Getting arrested for DUI is an unpleasant experience that can result in even more unpleasant consequences. Depending on the circumstances, a DUI arrest can lead to significant legal and financial issues with lifelong implications. For this reason, it is important to know what happens after you are handcuffed and transported to a booking facility.
What Happens After a First DUI Arrest?
The high rates of DUI arrests in the U.S. can be explained through a law enforcement tactic known as “proactive policing.” DUI situations are more often discovered than investigated. Police departments and law enforcement agencies have many tools available to make DUI arrests, from establishing reasonable suspicion through something as common as an erratic lane change to checkpoints that are difficult to avoid.
The vast majority of DUI arrests do not involve collisions, personal injury, or property damage. In many cases, the arresting officers scramble to write tickets for traffic infractions and moving violations to justify reasonable suspicion. Many such tickets are ultimately dismissed in court, while the DUI charge is upheld. In other words, the odds are stacked against drivers.
Depending on the jurisdiction, DUIs can be prosecuted as offenses ranging from misdemeanors to felonies. Even in states where they are classified as traffic offenses, DUIs are handled through court proceedings that closely resemble criminal cases, complete with discovery, witnesses, and cross-examination. In other words, a DUI arrest can force you into the adversarial American court system.
What Happens After I Get Arrested for DUI?
After you are booked, fingerprinted, and photographed, your arrest record is generated by the law enforcement agency. The record is made public in all jurisdictions; nonetheless, some states make it more visible than others by posting mugshots online and even publishing them on social networks like Facebook. Your arrest is referred to state prosecutors so you can appear before a judge for a bail hearing, which will generate a public court record, before you are released as a defendant pending a judicial decision.
As a defendant, your next move should be to consult a DUI lawyer so you can learn about legal options and potential outcomes. According to Mothers Against Drunk Driving (MADD), the nationwide DUI conviction rate is around 60%, and most of these outcomes involved drivers pleading guilty. This disproportion underscores the importance of retaining legal counsel; unfortunately, the DUI court system leans heavily against defendants, particularly those who represent themselves or opt for a public defender.
Law firms focusing on DUI defense, like Titan Law, consider every angle when evaluating cases. Their goal is to protect your legal and financial interests by exploring the best possible outcome. DUI attorneys can help you with everything from handling the administrative hearing to stop a license suspension to ensuring that you avoid a prison sentence in cases aggravated by reckless driving circumstances.
Contrary to what court statistics suggest, DUI cases can be successfully defended through various strategies. If your attorney can get the DUI charge dismissed or quashed by successfully challenging police procedures or the validity of the breath alcohol analyzer, the arrest records could be sealed in some jurisdictions, thus eliminating that “scarlet letter” from your life. For all these reasons, retaining a DUI lawyer should be your first move upon release; doing this can help you avoid many of the hardships associated with drunk driving charges.
