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What Your DUI Lawyer Wishes You Didn’t Do After the Arrest
February 15, 2026 at 5:00 AM
Create a realistic high-resolution photo featuring a middle-aged Caucasian man appearing serious and contemplative, sitting at a dimly lit kitchen table. He has short, dark hair and a worried expression, reflecting deep thought and concern. In front of him, on the table, there’s a smartphone displaying a social media app.

The background should consist of a softly blurred kitchen, creating a sense of intimacy and privacy. There should be muted lighting, focusing on the man and the phone to highlight the imp

A DUI arrest is stressful, confusing, and often emotional. In the hours that follow, many people make decisions that feel harmless at the moment but later create serious legal complications. The truth is that a strong DUI defense often begins with what you do not say or post immediately after the arrest. Knowing what to avoid can protect your rights, limit evidence against you, and give your attorney more room to build an effective strategy.

The period right after a DUI arrest is critical. Law enforcement reports, chemical test results, and your own statements all start forming the narrative that prosecutors will rely on. Even small mistakes can weaken a case that might otherwise have strong defenses.

Talking Too Much to the Police

One of the most common and damaging mistakes after a DUI arrest is oversharing with law enforcement. Many people believe that being extra cooperative or talkative will make the situation better. Unfortunately, casual statements can be interpreted as admissions of guilt or inconsistencies.

After an arrest, you have the right to remain silent and the right to request an attorney. Exercising these rights is not an admission of wrongdoing. It is a smart legal decision. Even polite small talk can end up in an officer’s report and later be used in court.

Avoid statements such as:

  • “I only had a couple of drinks.”
  • “I am fine to drive.”
  • “I was just trying to get home.”
  • “I know I messed up.”

These phrases may seem harmless, but they give prosecutors language that can be twisted or taken out of context.

Posting on Social Media

Social media is often the second place people turn after a stressful event. This is a major risk after a DUI arrest. Photos, captions, comments, and even jokes can become evidence. Prosecutors and insurance companies frequently review public profiles for information that contradicts a defense strategy.

Common social media mistakes include:

  • Posting selfies or group photos from the same night
  • Joking about drinking or partying
  • Complaining about the police or the arrest
  • Tagging locations or friends who were present
  • Sharing details about the stop or test results

Even private accounts are not guaranteed protection. Screenshots can circulate quickly, and privacy settings do not prevent subpoenas. The safest choice is to stay offline regarding anything related to the incident.

Ignoring Deadlines and Paperwork

Many DUI cases involve strict timelines that begin immediately after the arrest. Failing to respond to notices or missing a hearing can lead to license suspension or additional penalties. Some drivers assume they can deal with everything later, only to discover they have already lost important rights.

Key items people often overlook include:

  • Administrative license suspension deadlines
  • Court appearance dates
  • Requests for a hearing or appeals
  • Insurance notifications
  • DMV documentation

A DUI lawyer tracks these requirements and ensures that no opportunity to defend or seek reinstatement is missed.

Discussing the Case With Friends or Coworkers

It is natural to want emotional support after an arrest, but discussing the details of your case with friends, coworkers, or acquaintances can backfire. Conversations can be repeated inaccurately or even subpoenaed if they become relevant to the case. What feels like venting can turn into testimony.

Limit discussions to your attorney and immediate trusted family members. The fewer people who know the specifics, the lower the risk of misinformation or unintended consequences.

Attempting to Handle Everything Alone

Some individuals delay hiring legal representation because they hope the situation will resolve itself or appear minor. DUI laws are complex, and penalties can include fines, license suspension, mandatory education programs, and even jail time. Trying to interpret legal procedures without guidance often leads to avoidable mistakes.

An experienced DUI attorney evaluates evidence, questions testing procedures, and identifies potential weaknesses in the prosecution’s case. Without legal insight, defendants may accept penalties that could have been reduced or avoided.

The First 24 Hours Matter Most

The hours immediately following a DUI arrest shape the direction of the entire case. What you say, post, sign, or ignore can either strengthen or weaken your position. Remaining calm, limiting communication, and seeking professional guidance are some of the most effective actions you can take.

For individuals facing DUI charges, Kurtz, Peters, and Associates provides knowledgeable legal representation focused on protecting rights and building strong defense strategies. Our team understands how early decisions impact outcomes and works closely with clients to navigate deadlines, evidence, and court procedures with clarity and confidence. Reaching out for legal support as soon as possible can make a significant difference in both short-term consequences and long-term results.

Contact our team today.