What Is the First Thing to Do After Getting A DUI?

What Is the First Thing to Do After Getting A DUI?


Being charged with DUI can be an overwhelming and frightening experience, but what about the days ahead? Most people are aware that the consequences of a DUI conviction are quite serious. Thus, this naturally leads them to question what the first step in handling this unpleasant situation should be. According to Emilio De Simone at DUI Law Firm Denver, if you are charged with DUI in Colorado your next step will be contingent on a variety of factors, thus the most honest answer is “it depends.” Continue reading to learn more about the best steps to take following a Colorado DUI.

Choosing the Right First Steps After Being Charged With DUI

Immediately following a charge for DUI, your first course of action should always be to request a DMV hearing. Failing to do so is a guaranteed way to lose your license and your rights to a hearing. To mention, a DMV hearing gives your attorney the opportunity to ask the officer questions and get an understanding of what to expect should your case make it to trial.

While there is no question as to the necessity of requesting a trial, depending on factors unique to your case, the process may look slightly different. Emilio De Simone at DUI Law Firm Denver addresses the proper steps to take in a variety of situations sharing that “if you took a breathalyzer or you refused a chemical test, you should immediately request a hearing from the division of motor vehicles and while you’re requesting that hearing you’ll need to request that the officer that gave you the express consent be present for your hearing.”

Conversely, Simone states that “if you took a blood test you will not be able to request a hearing until the lab provides the results of your blood test, but as soon as you receive notification of your results, you need to request a hearing and request that the officer be present if in fact the blood results show that you were above the legal limit of .08 grams of alcohol per deciliter of blood.” No matter what this process looks like for your case, it is extremely important that you do not neglect to request a DMV hearing so you can obtain the best outcome possible for your driving privileges.

Additionally, don’t neglect to be aware of the time sensitive nature of requesting these hearings. While taking a breathalyzer test or refusing to submit to a chemical test allows you to immediately request a DMV hearing, it can be easy to forget about this important step if you are forced to wait on the results of your blood test. Emilio De Simone mirrors this urgency stating that “it is very important that you request your hearing within 7 days of getting your test results or else you will waive your right to a hearing.” It never makes sense to give up without a fight. In some cases, when you request the officer’s presence, he or she may fail to appear at the hearing, allowing your attorney an easy win. Regardless of the outcome, the best way to protect your license and your case is by promptly requesting a DMW hearing.

Call In the Experts

In addition to requesting a hearing, it is also imperative that you contact an experienced criminal defense attorney. Contacting the right lawyer is critical to your case as he or she is aware of the law, the best defenses, and the ins and outs of the legal system. A good lawyer knows exactly how to approach each case and make sure that their client gets the best outcome possible.