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


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.