Top 10 DUI Mistakes
drunk driving? If so, you're not alone. Throughout Colorado and the nation, people
are arrested all the time. In fact, according to the National Highway
Traffic Safety Administration (NHTSA), over 1.4 million people were arrested
for allegedly drinking and driving in 2009 alone. It is important to note,
however, that despite the fact that this is a fairly "common"
charge, it is not something that most people know how to handle. For many
people who are arrested on these charges, it is the first time that they
have ever had to deal with criminal law and there is therefore considerable
confusion about what they are facing. At my firm, I know how daunting
it can be to deal with
DUI cases. I know the common mistakes which can be made and I am dedicated
to ensuring that my clients have the necessary guidance to help avoid them.
Some of the most common mistakes made with DUI cases include the following:
Not treating the charges seriously. One of the worst things that you can do following an arrest is to treat
it as if it is not important. The truth is that even from a first time
offense, you will be facing penalties that can be life-altering in nature.
From monetary fines to the installation of an ignition interlock device
(IID), these are serious and can be not only inconvenient, but can cause
issues with a permanent blemish on your criminal record. It therefore
deserves to be treated seriously.
Not acquiring legal representation. Something that will often occur during criminal charges is that the defendant
will question the importance of hiring a lawyer. In some cases, they will
simple forgo the right, believing that a public defender will be just
as good. The truth is that when it is your future on the line, you need
to be confident that you are going above and beyond. With evidence which
can be lost and memories which can fade, you need the best possible chance
Hiring a lawyer based on price. One common error is to look for an attorney and base your decision of
who you hire entirely on how much they charge. The truth is that attorneys
need to make a living. If you hire a lawyer for dirt cheap, they will
not be able to invest the necessary time and energy into your case. You
need to look around and find a lawyer who will have enough money to spend
time building your case without gouging you. Look for a reasonable price,
but not the absolute cheapest.
Not complying with your State's laws. It is not uncommon for someone who has been criminally charged to avoid
driver's license laws. The truth, however, is that it is important
that you fully understand and abide by all of the nuances in this law.
This is not something to avoid or treat frivolously. If you do not comply,
you could lose your right to drive — even permanently.
Driving when your license has been taken away. In many DUI cases, you will face the possibility of having your license
taken away. If at any point, it has been taken away, you should make sure
that you never get behind the wheel of a car. If you are found driving
with a revoked or suspended license, it could result in a longer suspension
or even a permanent revocation.
Not protecting your Constitutional rights. Under the Constitution, all American citizens have certain rights. This
includes the right to remain silent and the right to retain legal counsel,
among others. In any given criminal case, it is vastly important that
you protect these rights tooth and nail; they are some of the most important
things that you may possess.
Taking the first offer made by the prosecution. During plea bargaining, you may be made an offer by the prosecution that
may seem pretty appealing, especially if you're frightened of the
possibility of a conviction. However, it is important to not take this
offer. In most cases, it is simply an attempt by the prosecution to get
rid of the case with the least amount of effort involved possible. By
taking this offer, you are almost always not getting the best deal possible
and are often giving up your right to have the charges proven beyond a
reasonable doubt by the State.
Fail to appear in the Court when required. After you have been arrested, you will be required to appear for certain
hearings by the Court. If you fail to remember these dates or simply fail
to appear, it is almost certain that you will have a bench warrant issued
in your name, which can result in an arrest. Your bond will also be revoked.
This can be serious repercussions for the future.
Talking to someone other than your lawyer. It can be tempting to talk to people after you have been arrested. You
want to prove your innocence! It is important to remember, however, that
anything you say during this time can and will likely be used against
you. You need to protect your right to remain silent and only speak when
you have legal counsel. You will thus be giving yourself the best possible
chance of success by avoiding self-incrimination.
Talking to several lawyers so you can represent yourself. In some cases, people will make the mistake of thinking that if they talk
to enough attorneys that they will learn enough where they can handle
a case on your own. This is a massive mistake. The law is extremely complex
and takes years to master. You need a professional on your side to go
to Court with you and look out for your best interests. Don't shortchange
your future by attempting to handle it on your own.
If you have been arrested and are worried about making any of the above
or any other mistakes, it is in your best interests to consult with a
knowledgeable lawyer. This is not the time to work on your own or to simply
hope for the best. You need to do everything in your power to protect
your legal rights, defend your future and fight for the most optimal results
possible. To learn more about avoiding common mistakes, please do not
hesitate to pick up the phone and
contact my firm today!