The best time to retain a DUI defense lawyer is as soon as possible after the arrest. In some counties, the arraignment or "first appearance" will be held just one judicial day after the arrest. You should have an attorney at this hearing because the judge will be deciding if you should remain out of jail pending trial and if so, what conditions you must satisfy as a condition of your release from the courtroom. Depending upon your record and the circumstances of the case, the judge can require you to post bail as a condition of your continued release, or the judge may make you attend AA meetings and participate in alcohol treatment pending trial. Some judges will also require you to install an ignition interlock on your car pending trial. An experienced attorney will know how to effectively advocate for you at this hearing.
In some cases, the arraignment or first appearance will not be held until many weeks after the DUI arrest. It is advisable to retain an attorney early, even if no court charge has been filed, because you will still need to defend yourself against the DOL's license suspension proceedings, and it is never too early to begin work on your criminal defense as well. DOL license suspension proceedings occur within 60 days of the arrest. If your license was punched, you know that these proceedings are pending. Remember that you must send in your request for a hearing to fight your license suspension within 30 days of the arrest (In the case of a blood test, the timeline may be different.) Your attorney will need to be in the case early in order to prepare for the DOL hearing since these hearings are "fast-tracked" under the law.
Finally, retaining an experienced DUI defense attorney as soon as possible after a DUI arrest should result in an additional, but meaningful, benefit: peace of mind. If you have retained the right attorney, you will know that your case is in the best possible hands and that the right things are being done in connection with your defense. You'll be able to sleep at night again.
