An arrest for an alleged driving while intoxicated (DWI) offense is far more inconvenient than a traffic stop. The driver suspected of chemical intoxication is likely to spend at least a night in jail in many cases.
Drivers often panic when responding to DWI arrests. The actions that they take while in state custody may leave them at a major disadvantage when they need to respond to their pending criminal charges. The three steps outlined below are important for people to follow after a DWI arrest.
1. Use the right to remain silent
Many people who have had a drink or two become more loquacious. Their sense of enhanced confidence might make them think that they can talk their way out of a DWI charge.
They may forget that everything they say becomes evidence that could work against them later. Drivers who invoke their right to remain silent and who choose not to answer invasive questions limit the information the state has when building a case against them later.
2. Secure legal representation as soon as possible
If there is one statement that an individual arrested for a DWI should make to police, it is to inform them of the desire to reach out to a defense attorney. Those under arrest and facing charges have the right to legal representation while dealing with law enforcement professionals and the courts.
The sooner defendants bring in legal assistance, the better their chances of avoiding a conviction. An attorney can help secure a motorist’s release and can help them begin the process of preparing an appropriate response to their pending DWI charges.
3. Limit social media sharing after an arrest
People who have been through something traumatizing or unusual often seek to connect with their social support network. For many people, that means sharing information on social media. Social media activity can sometimes influence criminal proceedings.
Prosecutors can reference what people share online. Any statements about what happened during an arrest or while in state custody could end up harming the defendant. Even seemingly innocent, benign content can complicate criminal cases.
Responding appropriately after a DWI arrest can help a defendant limit the consequences they may face. Drivers who take time to prepare and have a plan before potentially getting arrested may be less likely to make mistakes after an arrest.