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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





At What Point Will I Be Allowed To Contact An Attorney In A DUI Arrest?

The phone call that most people make when they are in custody is to their family members, and that’s because people tend to have those numbers memorized. Family members usually contact attorneys right away. Sometimes, what happens is as soon as you are released from custody, you can immediately contact an attorney. For example, on a DUI charge, the police are probably not going to hold you in custody more than 10 to 12 hours if this is your first DUI, and you don’t have any warrants or probation holds. They will likely release you from custody with a citation and a notice to appear. IF someone is being held in custody on serious charges and aren’t being cited and released then they typically contact their family members – the family then contacts an attorney on an unrecorded line. Once hired, your attorney will either go and visit the client in jail, or appear at their very next hearing, which is usually set within the next day or two.

Will I Be Able to Drive After I am Released From Being Detained On DUI Charges?

You are going to leave the jail with a pink form that gives you the authority to drive for thirty days. It will also tell you that you are entitled to an Administrative Per Se (APS) hearing to decide whether your license should be suspended. You must request this hearing within 10 days. You will be allowed to drive pursuant to this temporary license so long as you have timely requested your APS hearing and until a decision regarding your license suspension is made at the APS hearing. If you do not request your hearing within 10 days, then your license will automatically be suspended. The pink form expires after 30 days and you will receive notice in the mail about the length of your suspension from the DMV. It is always best to request a hearing to preserve your right to argue against the suspension on your license.

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