Author of three DUI defense books
Common Mistakes
Aggressive DUI Defense Attorneys
The following are the 10 biggest mistakes most people make after arrested for a DUI in California… and how to avoid them.
1. Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. DUI conviction can result is loss serious jail time, loss of license and the mandatory installation of an ignition interlock device (IID). Moreover, once you finally get your license back the additional insurance charges could cost you thousands of dollars.
2. Not hiring an experienced DUI attorney. 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. A winnable case can quickly become a loser.
3. Hiring an attorney based on the amount of the fee alone. In prosecuting DUI cases, the State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a reasonable fee which will allow the attorney to put enough time and effort into your case to counter the prosecution. If you retain a low cost attorney, he will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.
4. Assuming that the police conducted your breathalyzer test or blood test according to correct procedure. Arresting officers in California must follow tight guidelines for testing drunk drivers. If they veer from these technical rules, even slightly, the arrest may be disqualified and the charge dropped.
5. Allowing your license suspension to go forward without a fight. You can find many technical rebuttals to a California DUI license suspension. If, for instance, a blood sample was not taken within a specific window of time, you may be able to get the charge dropped.
6. Not taking full advantage of your constitutional rights.
7. Taking the prosecutor's offer without a DUI attorney first evaluating your case for any possible drunk driving defenses. Very few cases are dismissed or reduced to a non-alcohol charge without an attorney.
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. Waiting too long before consulting a DUI attorney. The longer you wait to retain a DUI attorney, the more likely you will say or do something that could needlessly complicate your case. Moreover, since your attorney only has 10 days to request a DMV hearing to avoid the automatic license suspension, it is imperative you retain an attorney as soon as possible.
10. Thinking that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you.
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