How to Avoid the Mistakes
People Make After Being Arrested for DUI:
1. Do not ignore your DUI case. You
not only risk loss of license and jail time, but you will also pay higher
insurance premiums, risk losing your job, jeopardize your credit, and
can even be refused a car rental.
2. Do not represent yourself thinking "I really wasn't drunk and
the truth will win out." The officer is trained to testify to get a conviction.
The prosecutor is probably more educated than you and certainly more court-wise
than you are. Representing yourself virtually ensures a conviction.
3. Do not wait until the day before you are scheduled for court
to contact a DUI specialist. He might be in court and unable to discuss your case
with you. Moreover, the attorney will want to be paid before making an entry of
appearance in your case (an entry of appearance binds him to make court appearances
on your behalf). If you talk to an attorney right after you were arrested, you will
at least have some time to come up with his fee. Keep in mind that hiring a DUI
defense specialist will not guarantee a win, but will substantially increase your
probability for an acquittal.
4. Make sure you request a hearing from the DMV within 10 business
days after your arrest. If you do not request a hearing, your license will automatically
be suspended!
5. Not hiring a lawyer who specializes in DUI cases. DUI law is
the most complicated area of criminal law and you must hire an attorney who knows
all the ins and outs of DUI practice. Also, hiring an attorney based on how low
his or her fee is. Hiring an attorney based on money alone will end up costing
you more in the end. This is not the time to shop for bargains. All an attorney
has to sell you is his time. If you want your attorney to actually WORK for you,
you will need to pay a fee which will allow him to aggressively defend your case.
6. Never take legal advice from a friend or acquaintance who has
had three prior DUI cases.
7. Do not miss a court appearance unless your lawyer tells you
that you are excused. Not only will the judge issue a warrant for your arrest, but
the bond you posted will be forfeited and you will most likely sit in jail until
your case is called. Furthermore, your license will be suspended for your failure
to appear in court.
8. It's highly unlikely that "your mother's friend who knows a
judge who can get your case dismissed" routine will work - believe me.
9. Never try to save money by negotiating your own plea. Although
this sometimes works, other times what seems like a good deal is a prescription
for disaster. For example, if you get tickets in addition to your DUI ticket, one
or more of the other charges could also be a license suspension violation on top
of your DUI. Even worse, depending upon your record, one or more of the other charges
could make you an Habitual Violator. Saving all that money could result in the loss
of your drivers license for five years.
10. Were you in an accident? Your insurance policy requires that
you inform the company immediately. However, any conversation you have with a company
agent IS NOT a privileged communication. In other words, it could be used against
you in court. What should you do? Contact the company immediately as you a supposed
to do, but do not give a statement until you have consulted with an attorney first.
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