Steps a DUI Attorney Takes After a Drunk Driving Charge

Charged with DUI? Learn the critical steps a DUI attorney takes after arrest to protect your license, your record, and your future.

Mark D Hauser

6/25/20252 min read

Steps a DUI Attorney Takes After a Drunk Driving Charge
Steps a DUI Attorney Takes After a Drunk Driving Charge

A DUI charge can turn your life upside down fast. Your license, job, and even your freedom may be on the line. But you don’t have to face it alone. An experienced DUI defense attorney can take swift and strategic action to protect your rights and minimize the consequences. With over 30 years of experience defending clients charged with DUI across the state, here’s what I do — and what you should expect — immediately after a drunk driving arrest. Call for a DUI attorney in Philadelphia, PA.

Step 1: Review the Traffic Stop and Arrest

The first step is to examine exactly how the traffic stop and arrest occurred:

  • Was there probable cause to pull you over?

  • Did the officer properly administer field sobriety tests?

  • Were you read your Miranda rights?

Any violation of your constitutional rights can be grounds to suppress evidence or have charges reduced — or even dismissed.

Step 2: Analyze Chemical Test Results

If you submitted to a breath, blood, or urine test, your attorney will closely examine:

  • The accuracy of the test and whether it was performed correctly

  • Whether testing equipment was calibrated and certified

  • Chain of custody for blood samples

  • Whether implied consent laws were followed

In some cases, flawed test results can be thrown out entirely.

Step 3: Evaluate Your Driving Record and Case History

A key part of DUI defense is knowing where you stand:

  • Is this your first offense or do you have priors?

  • Were there aggravating factors (like an accident or high BAC)?

  • Are you eligible for ARD (Accelerated Rehabilitative Disposition)?

The answers determine what penalties you're facing — and what defense or diversion options are available.

Step 4: Consider ARD or Other Alternatives

First-time, non-violent DUI offenders may be eligible for ARD, a pre-trial diversion program. If accepted, you may avoid jail time and even have the record expunged after successful completion.

An experienced attorney can:

  • Evaluate your ARD eligibility

  • Guide you through the application

  • Advocate for acceptance in court

Step 5: Prepare for Preliminary Hearing or Trial

If ARD isn’t an option or you're fighting the charge outright, your attorney will:

  • Request discovery (police reports, dashcam, lab records)

  • File motions to suppress evidence (if applicable)

  • Cross-examine witnesses and the arresting officer

  • Build a strong trial strategy based on the facts

Not all DUI cases go to trial — but every case should be prepared as if it will.

DUI Penalties Can Be Severe

Depending on your BAC level, prior offenses, and case details, you may face:

  • License suspension

  • Fines and court costs

  • Mandatory alcohol treatment

  • Jail time

  • Ignition interlock devices

That’s why it’s critical to have a skilled DUI attorney by your side from day one.

Charged with DUI? Take Action Now.

The decisions you make in the first 10 days after a DUI arrest are crucial especially when it comes to your driver’s license and court deadlines. Don't try to handle it on your own. With over 30 years of experience in DUI defense throughout the state, I know the courts, the prosecutors, and the strategies that get results. Reach out for a criminal defense attorney in Montgomery County for a DUI. Contact Mark D. Hauser, Attorney at Law today for a free and confidential DUI consultation.