DUI Attorney Checklist: What to Do Within 24 Hours of Arrest

The hours after a DUI or DWI arrest feel chaotic. You are tired, embarrassed, and worried about your job and license. That fog is dangerous. Many of the most important rights, defenses, and options depend on what you do right now, not months from now at the first court date. I have watched strong cases crumble because a driver waited a week to call a lawyer or tossed a receipt that quietly proved a timeline. I have also watched prosecutors dismiss charges they once thought were solid because the client moved quickly and preserved evidence the state never bothered to collect.

What follows is a practical, lived checklist for the first 24 hours. It focuses on decisions you can control, and the small moves that make a big difference with a criminal defense attorney later. I’ll cover license issues, bonds, what to say and not say, how to document the stop properly, and when to loop in a dui attorney or dwi attorney versus other counsel like a traffic ticket attorney or broader criminal attorney. The goal is not to intimidate you with legal jargon. It is to help you protect yourself with calm, methodical action.

Right after release, the instinct to explain yourself is almost irresistible. Skip it. The police report already has the officer’s narrative. You won’t talk your way out of it at the station or afterward. What you can do now is preserve your rights for the courtroom you will soon enter.

If you are still in custody and reading this later, the same advice holds. Use your right to remain silent. Ask for a lawyer. Give only necessary identification information. Do not consent to extra searches or casual chats about where you were, what you drank, or how you felt. Those remarks land in discovery, and the prosecutor uses them, even if they feel harmless at the time.

If you posted bond or were released on recognizance, review your release terms before anything else. Look for alcohol restrictions, travel limits, ignition interlock requirements, or orders that bar you from driving. Violating these conditions can put you back in custody and hurt your credibility with the judge.

Many states split the DUI case in two. The criminal case happens in court with a judge. The driver’s license case often runs through a motor vehicle department on a much shorter clock. You might have as little as 7 to 15 days to request a hearing that can keep your driving privileges or give you temporary relief. Miss that window and your license can be suspended automatically, no matter how strong your criminal defense is.

Do not guess. The fine print on your temporary license or the paperwork the officer handed you spells out the deadline and instructions for requesting a hearing. If it is not clear, call a dui attorney or dwi attorney the same day and ask them to file it for you. A short call can save months of hardship. If you drive for work, tell your lawyer immediately. Some states allow restricted or hardship licenses if you file on time and meet conditions such as an ignition interlock or proof of insurance.

There are many types of criminal attorneys. A serious DUI can intersect with other charges like reckless driving, resisting arrest, assault and battery on an officer, or weapon possession if a firearm was in the vehicle. In that case you need counsel experienced across both DUI and related offenses. A dedicated dui attorney or dwi attorney handles breath tests, blood draws, field sobriety tests, and DMV hearings every week. They know your judge’s preferences, the local lab’s limitations, and the timelines that make or break a case. If the arrest grew out of a crash or there are injury allegations, you also want someone who understands restitution, insurance interplay, and the threat of a felony filing.

In some situations, your case may touch other practice areas. A traffic ticket attorney or Traffic Violations attorney is the right call for a speeding or red light ticket. For a DUI, that is often not enough because of the criminal and scientific components. If the arrest included alleged drug possession, you want a Drug Crimes attorney with DUI experience who understands blood testing protocols, chain of custody, and the difference between impairment and mere presence of metabolites. If there is a domestic incident linked to the stop, a Domestic Violence attorney can help coordinate defense strategy and protect against conflicting statements. Larger investigations involving embezzlement, Fraud Crimes, or White Collar Crimes sometimes start with a roadside encounter that draws attention to unrelated financial matters. In those edge cases, an experienced criminal defense attorney or white collar team gets involved early to avoid accidental admissions.

Police decide what to collect, but you control more than you think. Evidence gets lost quickly. Memories fade after a night of stress. Bars overwrite surveillance. Credit card portals cycle transactions. Get ahead of that clock.

Start with a written account. Sit down in a quiet room and write everything you can remember, front to back, without editing: where you were, when you arrived, what you ate and drank, who you spoke to, when you left, what music you listened to, what route you took, and the first moment you noticed a patrol car. Include details that seem trivial. Was the road wet, patched, or under construction? Did the officer use a spotlight? Did you wear contact lenses that dry out at night? Did you have a sore knee that could explain balance issues? Write the times, even if approximate. If you have receipts or texts, anchor your timeline to them. The exact minute you closed a tab can strengthen the science later.

Next, gather corroboration. Ask friends or colleagues who saw you to text you a brief recollection of when they saw you and your condition. Keep it simple and factual. If you were at a restaurant, call the manager within hours and politely ask them to preserve any surveillance footage that shows you. Good video can defeat a prosecutor’s theory that you slurred speech or stumbled out the door. Do not wait until next week. Many systems overwrite within 48 to 72 hours.

Pull your phone data. Screenshot call logs, texts, rideshare timestamps, and location history if enabled. Export Apple Health or similar data that records steps or heart rate. If the stop involved an accident, photograph your car from every angle in daylight. Look for dashcam footage if you had one, and secure the SD card immediately. If a passenger recorded the stop, copy that video to a secure drive with the original metadata preserved.

Standardized field sobriety tests like the horizontal gaze nystagmus, the walk and turn, and the one leg stand live at the heart of most DUI cases. Officers administer them in parking lots, on gravel shoulders, or on narrow lips of asphalt inches from traffic. The official manual has precise instructions, but many stops in the real world do not follow them.

Within 24 hours, write down the testing conditions. Surface grade, lighting, footwear, wind, temperature, and traffic all matter. If you wore boots or heels, note heel height. If the officer refused your request to remove them, write that down. If an injury or medical condition limited your balance or back strength, describe it in detail. If you are older than 60, more than 50 pounds overweight, or have inner ear issues, those tests become less reliable by the government’s own training materials. Your attorney can use that, but only if you record it while fresh.

Breath and blood testing also have pitfalls. Portable roadside breath tests are often inadmissible to prove a number, though in some states they can be used to argue probable cause. Station breath machines require a deprivation period and mouth checks to avoid mouth alcohol from burps or recent drinks. Blood draws must follow strict chain of custody and storage protocols. Ask your lawyer about obtaining the maintenance logs for the breath device and the lab’s validation records. A seasoned dui attorney tracks these details and can spot gaps that a generalist might miss.

Alcohol is only part of the modern DUI landscape. Prescription drugs, THC, and even over-the-counter remedies can generate charges. The law often cares more about impairment than presence. That is a critical distinction. A person with a lawful prescription for benzodiazepines can face an impairment charge if the state claims driving ability was affected. A person who used marijuana days earlier can test positive while entirely sober.

If your case involves drugs, move fast to secure prescription records and pharmacy labels. Write down prescribed dosages and typical schedules. Note whether you took anything out of routine that day. Some jurisdictions rely on Drug Recognition Expert evaluations that include eye exams, pulse, blood pressure, and divided attention tests. These are vulnerable to challenge, especially when officers skip steps or interpret results too loosely. A Drug Crimes attorney or a dui attorney who handles drug DUIs will know how to parse those reports.

In rare situations, a DUI arrest leads to a vehicle search that nets unrelated allegations: drug possession, gun possession, or even a stolen item that triggers a theft charge. If you face weapon possession allegations, tell your lawyer immediately. The interplay of search and seizure law can make or break both the DUI and the weapon case. The same caution applies if officers accuse you of resisting or of aggravated harassment due to words or gestures at the scene. A criminal defense attorney who also tries Assault and Battery cases will know how to keep those accusations from overshadowing the central issue of driving impairment.

Employers vary widely in how they respond to an arrest. Union workplaces and licensed professions follow clear rules. Private employers often have policies buried in handbooks. Do not volunteer information until you read your policy and consult your lawyer. If your job requires driving or you hold a commercial driver’s license, the stakes are higher. A CDL suspension or downgrade can happen even for off-duty personal driving. The administrative hearing becomes critical, and you should get counsel who knows CDL rules.

Insurance companies typically learn about a DUI after a conviction, not an arrest, unless there is a crash claim. If a crash occurred, call your insurer within the reporting window and stick to basic facts. Avoid admitting fault or discussing alcohol or medication beyond what is necessary to trigger coverage. If you are asked for a recorded statement, consult your attorney first. A civil adjuster could later be subpoenaed in your criminal case.

International travel can get complicated. Some countries deny entry for criminal records or pending charges. If you have an upcoming trip, ask your attorney whether a court will allow travel and whether a bond condition modification is needed. Judges often approve reasonable business or family travel if requested early and tied to solid plans.

Your first court appearance may be within a few days or several weeks. Either way, do not miss mail. Courts still rely on paper notices and curt text messages that look like spam. Make sure the court and your lawyer have your correct address, email, and phone number. If you move or change contact details, update both immediately. If you posted a cash bond or a bond agent helped you, read the bond terms. Some bonds include check-ins or GPS that require action within 24 to 48 hours. Missing that first check-in is a common, avoidable mistake.

Stay off social media. Photos, jokes, defensive rants, and even apologies can get screenshot and passed to a prosecutor. If someone who was with you posts a photo or comment about the night, ask them to take it down and not discuss the case publicly. Screenshots live forever.

This is one of the rare moments in life where timing beats almost everything else. Two short calls within 24 hours often change outcomes.

A focused call to a dui attorney or dwi attorney to request the administrative hearing on your license and to start evidence preservation requests for any nearby surveillance or police dashcam/bodycam. If your case involves alleged drug possession or a search, ask for a criminal defense attorney who also handles Drug Crimes or search and seizure issues.

A call to your insurer if there was a collision, limited to facts necessary to report the claim and secure a rental or repairs, with a note that you will be represented by counsel for any recorded statement.

Keep those calls tight. Then shift back to gathering your timeline and documents.

Prosecutors look for clean traffic stops, strong field tests, reliable chemical tests, and professional officer demeanor. They weigh driver behavior and any aggravating factors: extremely high BAC, children in the car, crashes with injuries, or hit and run elements. They also look for stability markers, like quick enrollment in alcohol education, counseling, or use of an ignition interlock, especially in borderline cases.

The first 24 hours let you plant seeds your lawyer can cultivate later. Voluntary steps can soften a hard line. For example, if your breath test was marginal and you start a brief alcohol education class or obtain a substance use evaluation from a reputable provider, a prosecutor might consider a reduction. If your case involves prescription medication, a letter from your treating physician about dosing and functional impact can help your attorney argue lack of impairment. If there was a minor fender bender, quick restitution through insurance coupled with a clean criminal history sometimes moves the needle toward a more favorable resolution. None of this replaces legal defenses. It complements them.

A surprising number of DUI traffic stops blossom into additional charges. Officers might add resisting arrest based on tensing arms during handcuffing, or criminal mischief if there is damage to a patrol car. An argument at the station can morph into criminal contempt if a protective order existed from an unrelated case. A tussle can prompt an Assault and Battery allegation. Store property found in the car may trigger petit larceny or even grand larceny accusations if the value crosses a threshold. In rare scenarios, more serious crimes like burglary or robbery can be alleged if the stop follows a suspected incident elsewhere. High-stakes cases, including homicide by vehicle or sex crimes allegations arising from the night’s events, demand immediate attention from specialized counsel.

If you find yourself in that web, do not compartmentalize your story across multiple lawyers without coordination. You want one lead criminal attorney who can manage the whole picture and pull in a gun possession attorney, theft crimes attorney, or sex crimes attorney as needed. Statements that help one piece can hurt another if not managed carefully. Make a single, confidential disclosure to your lead counsel and let them orchestrate the defense.

Relying on your memory is a mistake. Produce a short packet that your attorney can work with immediately. Aim for clarity, not perfection.

A written narrative of the day with times, locations, food and drink, medications, and any physical conditions that affect balance or speech, plus copies or screenshots of receipts, texts, and call logs that tie to your timeline.

Photographs and video: your vehicle, the road shoulder or parking lot where you took field tests, your footwear, and any visible injuries or marks from handcuffs. Capture conditions like lighting and surface texture at roughly the same time of night if possible within a day or two.

Keep originals. Email copies to yourself and store them in a cloud folder with clear names. Share that folder privately with your lawyer when retained.

The cost of a DUI case surprises most people. Even a straightforward first offense can include fines, court costs, an alcohol assessment, increased insurance, and potential ignition interlock fees. Add attorney’s fees and time off work for court. Start planning now.

Ask your attorney for a clear estimate and the likely timeline. Many cases resolve within 3 to 9 months. Blood test cases often take longer because labs run backlogs measured in weeks or months. If your lawyer expects motions to suppress the stop or the test, plan for evidentiary hearings. If you hold a professional license, consult a licensing attorney early so you can report any plea or conviction correctly within required timeframes. A White Collar Crimes attorney or embezzlement attorney would tell you the same thing in their arena: early disclosure done right protects your license, while a casual email later can derail a career.

If you are a non-citizen, even a misdemeanor DUI can carry immigration consequences in particular contexts, especially when combined with drug possession or allegations like domestic violence. Tell your criminal defense attorney your immigration status immediately so they can coordinate with an immigration lawyer. Plea language and charge selection can matter enormously.

There are a few common missteps that hurt cases more than people realize. Do not contact the officer to apologize or explain. Do not text friends asking them to “remember” a lighter night than what happened. Do not search online endlessly for magic loopholes and then ignore deadlines while reading forums. Do not drive on a suspended license, even to work, without confirming you are allowed to drive or securing a restricted license. Judges treat post-arrest driving on suspension as a sign you will not follow orders. Do not miss your evaluation or interlock appointment if ordered. Rescheduling is simple if you call early, but a missed appointment looks like defiance later.

When a dui attorney reviews a case, the first targets are usually the stop, the detention, and the arrest. Why were you stopped? Speeding, lane departure, equipment violation, or a crash calls for specific evidence. Patrol cars often have dashcams, but not always. Bodycams are common in urban agencies. Your lawyer will request that footage and look for mismatches between the report and the video.

Officers need reasonable suspicion to stop you and probable cause to arrest. Slurred speech, glassy eyes, odor of alcohol, and unsteady gait are common boilerplate phrases. Context matters. Red watery eyes at 2 a.m. could be allergies. Odor of alcohol does not equal impairment. Unsteady means what, exactly, on a sloped, gravel shoulder in the cold? If the officer rushed the instructions or interrupted you during field tests, that undermines reliability. If the deprivation period for a breath test was cut short or there is evidence you belched shortly before blowing, your lawyer can challenge the result’s validity. If a blood draw sat in a hot room for hours or the lab failed to document chain of custody, a motion to exclude may follow.

In cases touching drugs, a good defense digs into the Drug Recognition Expert worksheet. Many DREs shortcut steps. Pupil sizes recorded identically across multiple lighting conditions signal a clipboard, not a careful exam. Elevated pulse has many causes, from anxiety to cold weather. A robust challenge translates these medical realities into admissible argument.

Not every case goes to trial, but judges still notice how defendants carry themselves. Arrive early to every appearance. Dress like you respect the room. Address the judge as Your Honor. Do not speak over your lawyer. Prosecutors are human. When they see someone who moves quickly to comply with orders, completes an evaluation, stays sober, and shows up on time, they often exercise more discretion.

If alcohol is part of your daily life, consider early steps like a brief counseling session or a few AA meetings. You do not have to be an alcoholic for these to help. They give you language to understand how prosecutors and judges think about risk. They also give your lawyer credible mitigation to present if needed.

Some DUI cases deserve a trial: a bad stop, flawed testing, gun possession attorney suffolk county or a borderline impairment case with strong video. Others call for a negotiated resolution that avoids the worst collateral damage. That judgment depends on the evidence, the court, and your life priorities. A parent with a professional license might value a specific plea structure that preserves licensure. A CDL holder might fight harder to avoid a disqualifying outcome. A defendant facing parallel charges like trespass, burglary, or theft crimes might need a global resolution that addresses everything together.

Trust your attorney to lay out paths with real numbers and risks, not platitudes. Ask how similar cases have played out in your courthouse. A seasoned criminal attorney or grand larceny attorney will speak plainly about odds, pressure points, and timing.

You cannot fix everything in 24 hours. You can make the next 6 months much better or much worse. Focus on the moves that matter: protect your license by requesting the administrative hearing on time, hire the right dui attorney, capture your timeline and evidence before it fades, and follow any release conditions to the letter. If other allegations are in play, from drug possession to weapon possession, get a coordinated strategy from a criminal defense attorney who can integrate all the parts.

A DUI case is part science, part law, and part story. The story starts now, while the details are still clear and the evidence still exists. Move with purpose, and you give your lawyer the tools to do what you hired them to do.

Michael J. Brown, P.C.

(631) 232-9700

320 Carleton Ave Suite No: 2000

Central Islip NY, 11722

Hours: Mon-Sat 8am - 5:00pm

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Frequently Asked Questions

Q. How do people afford criminal defense attorneys?

A. If you don't qualify for a public defender but still can't afford a lawyer, you may be able to find help through legal aid organizations or pro bono programs. These services provide free or low-cost representation to individuals who meet income guidelines.

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A. If you absolutely need the best defense in court such as for a burglary, rape or murder charge then a private attorney would be better. If it is something minor like a trespassing to land then a private attorney will probably not do much better than a public defender.

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Q. When should I hire a lawyer?

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