What Happens After a DUI Arrest in New Haven
A DUI arrest in New Haven can affect a person’s life in many ways, especially if they are unaware of what is likely to take place following the arrest. A New Haven DUI lawyer can help a person understand the process after DUI arrest, and can work to ensure the process goes as smoothly as possible.
By having an understanding of what happens after an arrest for DUI in New Haven, a person is able to make informed decisions about their situation and is able to appreciate the importance of the role of an experienced attorney in a DUI case.
Upon an arrest, an individual is immediately taken to the police department, sometimes followed by fingerprinting. They will then interview the person for basic biographical information and will ask some further questions about the last time they drank alcohol and what they last ate. The officers will then read the implied consent advisory.
At that point in time, a person will have an opportunity to call a lawyer and then has to make a decision about whether or not to take a selected test. The officer gets to pick which test the person has to take.
Following either the refusal or the administration of the test, a court date and bond will be set. If they can make their bond, they will be released. If not, then they will head over to the cell overnight and go to a courtroom the next morning.
Consequences for Refusing a Test
If a person refuses to take a BAC test, there are really no negative consequences on the court side of the process. However, if an individual has committed multiple DUI offenses and refuses a test, there may be some negative consequences. The reason why the consequences only really apply to a multiple offender or to somebody who is going to trial is because of what happens at trial. Upon a refusal, the prosecutor can ask for special instructions to the jury at the end of the trial called the consciousness of guilt instruction, which basically says the defendant refused the test because he/she knew he/she was guilty.
Other than that one instruction, there is not any particular negative consequence on the criminal side of the case. A person is just limiting the evidence the state has to prosecute them. On the DMV side of the case, if they refuse the breathalyzer test, they are facing longer suspensions no matter what.
Contacting an Attorney
As soon as an individual gets to the police department, they should start asking to speak to a lawyer.
They can try to contact an attorney during a DUI stop, but the officer will probably tell them to put their phone down and that they can get a lawyer for their bond hearing. However, if the person cooperates with the police, most times the officer will set the bond very low or not even ask for it with a DUI case. The exception would be if there are aggravating circumstances, like a serious accident.