Frequently Asked DUI Questions
Q: I’ve been arrested by the police. Do I need an attorney?
A: Absolutely. At the time of the arrest, the police have been and are in the process of actively acquiring evidence to use against you at trial. With your personal liberty at stake, you need an experienced criminal defense and DUI attorney on your side who will work to rebut the police and present your case in the most favorable light.
Q: Can I wait until my appearance in court to hire an attorney?
A: You should hire an attorney immediately upon being arrested. When dealing with the police, you need the advice of an experienced attorney at the police station who can represent you as the police are collecting their evidence. In addition, you should have an attorney in advance of the bond hearing, so that the attorney can properly prepare for the hearing in order to convince the judge to set the lowest bond possible.
Q: What should I do after I have been arrested for DUI?
A: Hire a DUI defense attorney immediately. Your driver’s license will, in most circumstances, be suspended 46 days after your arrest. Therefore, it is imperative that you hire a DUI defense attorney as soon as possible so that a hearing to rescind your license suspension can be held before your suspension takes effect. Do not wait until your first court date.
If you hire Mr. Dwyer, he will immediately file the paperwork that requires the State to provide a hearing within 30 days to protect your license.
Q: DUIs are expensive — now I have to pay for an attorney. Can’t I have a Public Defender represent me?
A: A judge always looks at your assets and liabilities before he appoints a Public Defender, primarily because only indigent people are entitled to free legal representation. In addition, a hearing to rescind your license suspension is civil in nature, and no one is entitled to a Public Defender for such a hearing.
Q: I’ve been drinking and I just got pulled over by the police. What are my rights?
A: You have the right to refuse to take field sobriety tests. You have the right to refuse to take chemical tests (unless you were involved in a motor vehicle collision with personal injuries). You do not have to exit the vehicle unless asked to by the police. You must provide the officer with your drivers license and insurance card upon being asked by the police officer. Generally, you do not have to allow the police officer to search your vehicle unless the police officer has a warrant.