Memorial Day weekend is the unofficial start of summer for many people. Celebrations often include barbecues, picnics and firework displays. People may travel to spend time with friends and family. They may enjoy cocktails or cold beers during their Memorial Day celebrations.
Unfortunately, the consumption of alcohol while celebrating has a public safety impact. Fatal drunk driving collisions increase substantially around major federal holidays, including Memorial Day. As such, drivers can expect an increased police presence on the road.
Many motorists headed home after a family barbecue or similar events end up stopped by police officers and arrested for driving while intoxicated (DWI) offenses. They may then need help handling the fallout of the arrest on the charges that follow.
A step-by-step guide for handling DWI charges
The first step to take after a DWI arrest is typically to invoke key legal rights. Those under arrest can verbally inform officers that they intend to make use of their right to remain silent. They can also ask to discuss the situation with a criminal defense attorney.
Their attorney can help them navigate the process of posting bond to secure their release from state custody. Depending on the circumstances, a DWI defendant may require a cash bond or a surety bond.
Occasionally, release on a personal recognizance bond is possible. An attorney can help show the courts that connections to the community and prior legal compliance help ensure the defendant appears for subsequent court hearings.
After securing release from state custody, defendants may need assistance retrieving their vehicle and protecting their driving privileges. An attorney can help request a hearing to avoid an administrative license suspension. Defendants must request a hearing within 15 days.
Otherwise, the temporary driving permit they receive after the confiscation of their license is the only authorization to drive they have. The temporary permit may allow them to drive for necessary matters, such as work and education.
A successful license hearing allows a DWI defendant to retain their license until their trial. It can also limit the likelihood of a professional immediately losing their commercial driver’s license (CDL).
After retrieving a vehicle and protecting their right to drive, defendants must begin strategizing for their defense in court. That process may involve seeking the preservation of critical evidence. An attorney can take steps to preserve and request copies of body or dash cam footage, recordings of 911 calls, receipts from bars or restaurants and boating logs if the offense involves the operation of a watercraft rather than a motor vehicle. They can also collect witness names and communicate with them about the upcoming trial.
Those arrested over the Memorial Day weekend may need help reviewing the charges against them and evaluating different defense strategies. Consulting with an attorney as soon as possible after a DWI arrest can give drivers the best chance at securing a favorable outcome.