If you get arrested for a DUI in Tennessee, you will be afraid and uncertain about what is going to occur to you now. Let’s take a look at the first steps after being arrested for DUI.
You may have heard about the seriousness of a conviction for DUI (Driving Under the Influence). We have discussed this in our blogs as well as on our website. As a leading Murfreesboro DUI lawyer here in Tennessee, David Clarke knows that a good defense is necessary to avoid a conviction.
When initially arrested for DUI (Driving Under the Influence) in Tennessee, a specific sequence of events unfolds, from the initial arrest to eventual release. Understanding the procedural steps is helpful in getting through the first few hours if you ever find yourself in this position. With a bit of knowledge, you can better navigate this part of the legal process effectively and calmly.
Steps After Being Arrested for DUI
- The Arrest: The process that leads to your arrest begins when law enforcement officers pull over a vehicle that they suspect of having a driver who may be driving impaired because of alcohol or possibly drugs. If you have been drinking, remain calm, provide the required ID, registration, and proof of insurance, and do not volunteer information about what you have been doing. You are under suspicion – do not confirm that you have been drinking. Depending on how your interaction went, the officer decides to charge you with DUI and place you under arrest. At this point, you will want to remain calm and not volunteer excuses or explanations. Unfortunately, you are going to jail. After an arrest, law enforcement officers are required to read you your Miranda rights, which include the right to remain silent and the right to an attorney. This typically occurs before any formal questioning takes place.
- Transportation to Jail Facility: Once arrested, you are transported to a local jail facility or a police station. During transportation, your personal belongings, including keys, cell phone, and personal effects, may be taken and held and not returned to you until later in the processing.
- Booking Process: At the jail facility, you will go through the booking process. This involves providing personal information, fingerprints, and photographs. Any outstanding warrants or legal issues may be checked during this stage.
- Placed in Holding: After the booking process, you will be placed in a holding cell or holding area. This is a temporary confinement while awaiting further processing and potentially a bail hearing.
- Opportunity to Call: In Tennessee, you have the right to make a call to contact an attorney and/or a family member after being arrested. However, the specific timing of this opportunity can vary based on the police department’s procedures and the circumstances of the arrest. It is generally advised to exercise the right to remain silent until legal representation is secured, meaning do not answer questions related to the circumstances that have led to the arrest until you have a lawyer to help you.
- Bail: In Tennessee, DUI is a very common arrest. So, in many jurisdictions, like Rutherford County where Murfreesboro is located, you will go before a magistrate who will either set a bond or release you on your own recognizance. Therefore, DUI arrestees will likely get out of jail before they see a judge or go to court or trial. It’s important to note that if bail is not posted or if the individual is deemed a flight risk or a danger to the community, they may be held in custody until their court date.
- Release: Once bail is posted, you will be released from custody. The timing of your release can vary, depending on administrative processes and jail workload.
Calling Your DUI Lawyer
The exact time when you get to call someone is not so cut and dry. The timing of contacting a DUI lawyer can vary. You will be anxious and frustrated but the police have their procedures. That precious call will only occur when they have taken their required steps.
You may be forced to wait uncomfortably and inconveniently for a while and there is nothing you can really do about it. Once you have a chance to make a call, your DUI lawyer can best advise you what to do including release from custody, bail eligibility, and court proceedings.
By the way, it is a myth that you “only get one call.” In general, you will get about three calls, so you can contact a family member or two as well as a lawyer. Don’t hesitate to make that call to DUI Lawyer David Clarke at 615-796-6299/Se Habla Español 615-809-1255. He is well prepared to defend you against DUI charges.
Leading Murfreesboro DUI Lawyer David Clarke
In Tennessee, driving under the influence can lead to a DUI charge and possible conviction without the right representation. This is a difficult time, but Attorney Clarke and his team are experienced and ready to help you in your time of need.
If you are charged with a DUI, contact the Clarke Law Firm. David Clarke is an experienced trial lawyer who represents people on these charges and has a solid record of success. Make that call to Murfreesboro DUI Lawyer David Clarke at 615-796-6299. Se Habla Español 615-809-1255.