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What Are the Common Mistakes People Make After a DUI Arrest?

Posted by Brett Willis | Nov 23, 2023 | 0 Comments

Driving under the influence (DUI) is a grave offense with serious repercussions. If you or a loved one find yourself arrested for DUI, navigating the subsequent steps properly is crucial. One of the most common mistakes that individuals make after a DUI arrest is consenting to blood, breath, or urine tests, which could, under certain circumstances, seal their fate in court. This article delves into this pivotal error and other common post-arrest blunders.

The Implied Consent Dilemma

DUI laws in many states incorporate an "implied consent" clause. Essentially, by getting behind the wheel, you're implicitly agreeing to undergo certain tests if arrested for suspected DUI. After a DUI arrest, the arresting officer often reads out this implied consent warning.

Why Do People Consent to Tests?

At face value, many think, "If I don't have anything to hide, why not take the test?" The pressure is heightened by the threat of license suspension. If you don't consent, you might face a suspension for up to a year in some jurisdictions. Such threats, combined with the stress of the arrest itself, make consenting seem like the lesser evil.

However, by agreeing to these tests, individuals are often inadvertently providing conclusive evidence against themselves. This act of consent can potentially hand over incriminating proof to the prosecution, making the path to conviction smoother.

Other Common Mistakes After a DUI Arrest

Apart from the immediate dilemma of consenting to tests, several other missteps can exacerbate the situation:

Speaking Without Legal Counsel

In the anxiety of the moment, many individuals might say more than necessary or provide self-incriminating statements. It's essential to remember your right to remain silent and to request an attorney before speaking with law enforcement.

Failing to Document the Event

Having a clear record of the arrest can be vital. Document the event's timeline, officers involved, and any inconsistencies in their behavior. Such details can be invaluable when building a defense.

Ignoring Deadlines

Post-arrest, there are often time-sensitive actions to undertake, like requesting an administrative hearing. Missing these deadlines can lead to additional complications, such as extended license suspension.

Choosing the Wrong Attorney

Not all attorneys have the same expertise. Selecting one specializing in DUI cases is imperative. They'll be familiar with nuances, latest laws, and effective defense strategies pertinent to DUI charges.

Navigating Post-DUI Arrest Situations

Having discussed the common mistakes people make after a DUI arrest, it's worth noting the appropriate steps to mitigate potential damages:

  1. Stay Calm: Reacting aggressively can escalate the situation.
  2. Request Legal Representation: Before consenting to any tests or answering questions, ensure you have a lawyer by your side.
  3. Document Everything: This includes interactions with the officer, the condition of the scene, and any potential witnesses.
  4. Seek Expertise: Engage a seasoned DUI attorney for guidance and defense.


The aftermath of a DUI arrest is fraught with challenges and potential pitfalls. Understanding common errors, especially concerning consenting to tests, is the first step in ensuring you don't inadvertently make your situation worse.

While the impulse to cooperate fully with law enforcement is natural, it's crucial to remember your rights and to act in a way that doesn't inadvertently compromise your defense. Armed with knowledge and the right legal representation, you can navigate the complexities of a DUI arrest more confidently.

If you find yourself in such a predicament and need expert advice or representation, don't hesitate to contact Brett Willis Law today.

About the Author

Brett Willis

When the government has charged you with a crime, Brett Willis is the man to see. Brett has been winning the most difficult and serious cases since 2005.


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