Top 5 Things to do Following an Arrest for Operating While Intoxicated to Protect Your Rights

posted by on Tuesday, August 05, 2008

1. Contact an attorney or law firm that specializes in this area such as the lawyers at Gourley, Rehkemper, and Lindholm. Your attorney should be able to assist you in obtaining and preserving valuable evidence such as video recordings, 911 calls and dispatch reports and other items that might otherwise be destroyed if a timely request is not made.

2. Request a hearing with the Department of Transportation to contest your license revocation. This must be done within 10 days of the date of your arrest, and by doing so, your license will not be suspended until after you have been given an opportunity for a hearing. If you do not request a hearing within 10 days of the date of your arrest, you will lose your right to have that hearing and your license will be suspended on the 10th day following your arrest with no opportunity to contest it.

3. Schedule a substance abuse evaluation. In most counties, the court will require this as a condition of your release. If it is not completed within the time required they will attempt to put you in jail until it is completed.

4. Do not talk to anyone especially the police about the specifics of your case. People have a tendency to try and discuss their case with others prior to talking to an attorney which has the potential to give you even more problems.

5. Document what happened. Write down what happened and be as specific as possible. The police have written details of what happened, so should you. Take pictures (digital if possible) of the scene and your vehicle you never know when or why you may need these. Collect any phone records, financial statements, or other documents from your activities before and following your arrest.