If it’s a first offense, the chances are excellent that they’ll be released that night. If you are able to find someone to pick you up, the officers will generally release you to a sober person. However, if a person has prior convictions or if they are belligerent with the officers, the officers have the discretion to arrest the person and have them processed to jail. If the person is process in jail, they will have an arraignment at the next available court date, in order for a bond to be set.
It’s essential as far as the next steps getting in contact with an attorney as soon as possible so that that attorney can put that court case on their calendar. It’s not uncommon for me to get a phone call one night and have to be in court the following day on that arraignment. Sometimes people are afraid of not finding an attorney quickly enough, and nothing can be further from the truth. Attorneys that do this type of work are used to that, and that’s not uncommon to have somebody arrested call you on a Saturday or Sunday morning and have a court case either Monday, Tuesday or Wednesday.
Once You Are Released From Jail, What Should You Do And Shouldn’t You Do Following That Release?
If you are released from police custody and you believe that you will be under the limit, as long as it has been a few hours since the OVI arrest, you can go to a local hospital and request a blood test. However, it can be challenging to find a hospital to grant the request because it is not something they normally do.
After that, the best advice, once you’re arrested, is to call an attorney the following day, and most attorneys either have an answering service, or they’ll have other phone calls forwarded to their cellphone. Overall, contacting an attorney is paramount.
What Information Do You Expect From Your Client When You Begin To Prepare Their DUI Or OVI Defense?
I have a two-phase approach to client data collection. One of the things that I think is important is just getting personal information about the client for a couple of reasons. One, I want to know a little bit more about a client. Two, personal information will help down the road because right now, when you’re arrested for an OVI, the only thing a prosecutor and judge knows about you is what’s on your ticket. We know that there’s much more information about a person we want to provide to the judges and the prosecutors to facilitate driving privileges as soon as possible and potential pleas in the future. So, personal information is one thing that I get. I tell clients that this is how they can cash in on all of the good things they’ve done throughout their lives.
The second important thing to get from a client is as many facts about the case as possible because, for me, to give them a good idea of what they’re looking at, I need to know as much about the case as possible early on.