A DUI arrest can be a stressful experience. Many people are unsure what happens after DUI arrests in Midland, and they could have questions or concerns about the future. If you are struggling to understand your DUI arrest or how to move forward, reach out to a knowledgeable DUI defense attorney. A lawyer could listen to your concerns and help you find a path forward.
Refusing BAC Tests
During a DUI arrest, a person has the absolute right to refuse to do a blood or breath test. However, the state does have the right to try to get a search warrant to take blood under the current law. If someone refuses to take a blood test, the Midland DA’s Office or Midland PD’s Office, whoever made the arrest, will usually try to get a judge to sign a search warrant.
The consequences of this situation could be more serious than giving the blood sample when asked. The police still may get the sample anyway, and refusing could create an enhancement on the punishment dealing with administrative license revocation (ALR). The length of time someone’s license could be suspended might be longer if they refused to provide a sample.
Immediately Following an Arrest
What happens after DUI arrests in Midland is that a person is taken to the Midland County Jail. At some point in time, they will see a magistrate who will set an initial bond so that the individual can get out of jail. The magistrate may also set some terms or conditions. For a second-time DUI or a felony, the magistrate could require an interlock device to be placed in their vehicle to prevent drinking and driving.
When the case will be turned over to the Midland County District Attorney’s Office. After they obtain the police report, video, and lab report, the DA’s office will file the case. Once the case is filed, there will be an arraignment date that the arrestee may or may not have to attend. Later, there will be a series of docket calls and negotiation conferences to see if the case can be resolved. Ultimately, the case could be set for pretrial hearings, motions to suppress, motions to pause, and then onto the trial stage. Typically, attorneys are not present at the initial bond setting. If the judge denies bond or sets a bond that is too high, an attorney may be hired to do a writ of habeas corpus bond reduction or a motion for a bond reduction hearing.
When to Contact a DUI Attorney in Midland
A person cannot typically call the attorney during the traffic stop. Most of the time, what happens after DUI arrests in Midland is an individual calls an attorney when they are released from jail. Sometimes, a parent or spouse will call instead.
If you face DUI charges, do not delay before hiring a qualified lawyer. The earlier an attorney becomes involved in the process, the more helpful they could be. Call today to get started on your defense.