Arrested for DUI? Some things you can do...
You've been arrested for drunk driving. You are not alone. A quick look at Florida's drunk driving statistics will prove that. Now you are out of jail and you have a court date. What happens now? Now is, of course, the time to act. Yes, you're going to need an attorney but is there anything you can do to immediately help the situation? The answer is YES. When you are charged with DUI several things happen all at once. Usually, to the person charged, the only thing he or she sees is a blur - confused, stunned - the reality of the arrest is still just sinking in.
The first thing to understand is that there are two things that must be addressed. The obvious one is the arrest itself. Having been accused of drunk driving (sometimes referred to as DUI, DWI, OWI) you already know about the stay at the county correctional institution. You also received a piece of paper telling you your next court date. What you may not realize is that a totally separate action has started and that action is to take away your driver's license. This action is done by the Department of Highway Safety and Motor Vehicles and it is a sneaky thing.
Once you receive a citation for DUI your license is automatically suspended for a minimum of 6 months (maybe longer). This takes effect immediately. The suspension does not hinge on the outcome of the criminal case - It has to be addressed separately and immediately (Visit DUI and Your License for more information on addressing your departmental suspension).
I'm charged with DUI - what should I do now?
Besides finding an attorney, there are several things that you can do to help yourself. Here is a list of things I tell my clients to do or wish they had done:
- If you do not plan on hiring an attorney within 10 days of your
arrest - go to the nearest Bureau of Administrative Reviews in the
area of arrest (a list is located on here Bureau of Administrative
Reviews List) and request a Formal Review Hearing.
- If you hire us before the expiration of ten days we will do this for
you.
- Sign up for and take the appropriate
DUI Counter-Attack Class and
Victim Awareness Panel. You will need a copy of your
DUI-ticket and the charging affidavit (both documents should have
been given to you before you left jail).
- As part of the DUI Counter-Attack Class, you will be required to
take an evaluation to see if you need
counseling for substance
abuse. It is almost a certainty that you will have to attend
counseling so be prepared. Once you are told to get treatment -
start it.
- You will usually be given a list of providers. Make sure you get one
that is not just a money mill, taking your money and giving nothing
back in the way of counseling.
If you hire us we will make some recommendations. See below.
My clients often ask why they should do these things if they have hired me to represent them. First, remember that you have two things happening to you when you are arrested for drunk driving - the criminal case and the license suspension. The idea is to minimize all penalties that you may be facing.
Getting the DUI Counter-Attack Class and Victim Awareness Panel out of the way early helps you on both fronts. Those classes are required by law if you are found guilty of DUI. Even if you are found guilty of a lesser offense the prosecutor and sometimes the judge will probably required the completion of the classes regardless. Additionally, the administrative suspension of your license will require you to complete these classes if your suspension is upheld even if your criminal case is dismissed.
And please realize that if the worst thing that occurs is that you have your Florida drivers license suspension overturned (license given back) and your DUI case was dismissed but you have already taken those classes - it would still be a great outcome for your case.
Substance Abuse Counseling - Part of the DUI Counter-Attack Class
The DUI Counter-Attack Class provider will probably give you a list of approved Substance Abuse Treatment Centers. When deciding on which treatment provider to attend you should consider cost and motivation of the treatment center. Be wary of treatment providers that simply want your money. These tend to require long term counseling and provide little real treatment.
The providers that we have heard only good things from our clients, probation, and the Safety Council are listed below. We do not endorse any particular provider and we receive nothing by listing them here.
Barbara Fuller, LCSW
800 N. Ferncreek Ave., Suite #2
Orlando, FL 32803
(407) 894-5666
We have heard that she gives you a fair evaluation and excellent treatment. However, she will not hesitate to terminate you if you fail to show up for treatment or behave inappropriately.
Call us for a free consultation (407) 841-5555.
