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Crime.Justice & America - DUI and DWI - The 10 Biggest Mistakes Most People Make After Being Arrested for DUI.

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 The 10 Biggest Mistakes Most People Make After Being Arrested for DUI.
 

The 10 Biggest Mistakes Most People Make After Being Arrested for DUI.

By Randy Moore

1. Not taking the matter seriously. This is a charge that could follow you for years, if you are convicted. The DMV records it for years. It is a “prior criminal conviction” for 7 years. If your license is taken away, you have to prepay for an SR-22 endorsement to your policy. Your insurance company may also cancel or raise your rates by thousands of dollars based on your conviction. You face probation for 3 to 5 years, jail, drinking driver programs, and license suspension. And finally, it is alarming how many are affected in their employment.

2. Not hiring an attorney and, if possible, a specialist in DUI defense. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade, and witnesses vanish. You want an attorney who knows how to handle your case. Guilty or not, the DA must prove every element of the offense beyond a reasonable doubt. Only a competent attorney can challenge the breath or blood alcohol test. A knowledgeable attorney can frequently get you plea bargains, reduced sentences, reduced sentences, or reduced charges.

3. Hiring an attorney based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee, which will allow him to put time and effort into your case, to counter the prosecution. If you go too low, your attorney will probably not be able to put in the time necessary to protect you. Look for a lawyer worth spending money on, not the cheapest.

4. Not Fighting the License Suspension. If you do not request a hearing within 10 days, you will not be able to drive until after a hearing, or for 4 months to a year or longer. Driving during this time is a criminal offense, regardless of whether you need to drive for work or personal reasons. Importantly, these cases can be won.

5. Driving after your license has been suspended. You have no right to drive after revocation and driving then is a serious offense. There is no permission for you to drive for work or personal reasons unless you’re properly enrolled in a drinking driver program. After a period of time, you may qualify for an interlock device. If arrested for driving during this time, you may have to post a bail bond just to get out of jail. If convicted, you face days in jail.

6. Assuming the Case Can't Be Won. Assuming the case can't be won is the number one biggest mistake you can make in facing a DUI arrest and charge. Your case may be so difficult or problematic that you choose against a jury trial, but this decision should never be made in the blind. You would be amazed at the potential array of defenses available, and the results that were initially unforeseeable, which ended without a DUI conviction or license suspension. 

7. Failing to find out if the Breath Test or Blood Test Rules were followed. Breath tests and blood tests can be attacked when it is discovered that the rules were not followed properly. California has detailed rules that dictate how these BAC tests are to be administered and how the devices are to be maintained, repaired and calibrated. One mistake can be crucial in the defense. "Mistakes" mean unreliability of the results. Expert review of these tests is relatively inexpensive given the seriousness of the consequences. One classic example is the violation of the 15-minute observation law before taking a breath test. Why would anyone plead guilty to this crime without looking at the evidence upon which the case stands? Find a lawyer who has experience in successfully challenging these test results, and you may avoid a conviction.

8. Fail to appear in Court. The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you. When you discuss your arrest with friends or family, you risk turning them into involuntary witnesses against you. It is in your best interest to remember the details of your arrest. It will help you in your defense. In any criminal case, you should be represented by a competent defense lawyer. You may choose a lawyer or risk the consequences of representing yourself. By hiring an attorney immediately following your arrest, you won't miss any deadlines. 

10. Think that talking to numerous attorneys will help you handle it on your own. If at all possible, you need to have an attorney go to Court with you. Who that lawyer is, and the experience and qualifications of your lawyer, is your choice. Make your best choice and give yourself the best protection you can.

 
This entry was posted in DUI and DWI.
 
 
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