Mistakes to Avoid After a DUI Arrest—Advice From the Best DUI Lawyer in San Diego

If you have been arrested for DUI (Driving Under the Influence), expect to feel a lot of stress and emotions. After your arrest, you'll probably make some mistakes (accidentally) that could potentially harm your case. The decisions and actions you take after this point are necessary to your case more than you know. Don't wait around to find out what you should/shouldn't be doing after a DUI arrest; find out now so you can protect your right to drive and to keep your driving privileges.

Your DUI case will not be your only concern after your DUI arrest. In this blog, I will explain some of the most common mistakes DUI defendants make after their arrests, along with information on how to avoid these, directly from the Best DUI Lawyer in San Diego.

1. Waiting Too Long to Contact a DUI Lawyer

One mistake DUI defendants frequently make is waiting too long to obtain legal assistance. A DUI defendant has time-sensitive deadlines that start to run the moment he/she is arrested. One of these time-sensitive deadlines is with your driver's licence. A DUI defendant only has 10 days from the date of arrest to request a DMV hearing. If a DUI defendant fails to meet this time frame, he/she will automatically receive a license suspension.

An experienced DUI Lawyer can challenge the evidence against you, schedule hearings, and start building your defence immediately. Having an attorney on board early on may determine whether you receive reduced penalties or long-term consequences.

2. Talking Too Freely About Your Arrest

Unfortunately, following a DUI arrest, it is common for people to divulge too much information to multiple parties, including staff members, colleagues, or even strangers, via their social networks. Your words can be interpreted against you later on; therefore, it is necessary to speak with someone who knows the law and the law firm representing you. For example, making a casual comment such as “I only had two beers” could potentially damage your case.

Keeping quiet and waiting for an attorney before making any remarks to anyone is always your safest option, according to the Best DUI Lawyer in San Diego, as, by staying silent, you protect yourself from any negative impact your comments may have on your case.

3. Ignoring DMV Consequences

Many people believe their DUI will be handled only in a criminal courtroom; however, in California, DUIs cause the initiation of an additional case against you, which will be before the DMV. This action is initiated automatically after the arrest and relates to what may happen to your driver’s license and whether it will remain valid during the pending DUI case.

If you do not appear at the DMV hearing, you will make a mistake that can be very costly. A skilled DUI attorney will represent you at the hearing, argue successfully against revocation of your driver’s license, and preserve your right to operate your motor vehicle lawfully while your case is pending.

4. Assuming a DUI Conviction Is Guaranteed

Many motorists will make the mistake of assuming there is no need to fight their DUI charge because they believe that the Court will convict them regardless. A considerable percentage of these motorists will plead guilty to DUI without considering that the evidence against them may not have been collected properly. Evidence can also be compromised by things like breathalyzer malfunction, improper administration of field sobriety tests, and the improper compliance of police during traffic stops/arrests. Your San Diego DUI lawyer will assess and evaluate every aspect of your case to find inconsistencies in the prosecution's evidence. In many instances, the DUI charge can be negotiated down or dismissed altogether if challenged.

5. Failing to Follow Court Orders

Once charged with a DUI offence, the criminal court will usually impose certain conditions as part of the process, such as attending court-ordered DUI education courses, refraining from further use of alcohol, or having an ignition interlock device installed in all of the vehicles you own. If you do not comply with these requirements or delay compliance, you risk being subject to additional penalties, being charged with an additional crime, or having your probation violated. The most important thing to you is that, while your case is pending, the fact that you complied with the Court's orders shows that you have taken responsibility for your actions and that you respect the Court. Showing this would work very much in your favour during the negotiation process, or at the time of sentencing.

6. Relying on Online Advice or Friends

The internet is filled with Discussion Forums where many individuals share information about their DUI experiences. Some rely on their friends to provide helpful tips and hints based on similar experiences. While it might seem like this can be considered, it is essential to remember that all DUIs are different. Each state has different laws regarding DUIs; therefore, the facts, law, and scenarios for each DUI case can be quite different. In addition, the strategies that worked for your friend may damage your potential legal defense.

The use of generic resources and/or strategies cannot be substituted for the creation of an individualised legal defence strategy. A DUI Lawyer will create and develop an individualised defence strategy based on the facts and circumstances of your case, including (but not limited to) your blood alcohol level, previous DUI convictions, the details of the arrest, and all other pertinent facts.

7. Underestimating Long-Term Consequences

Although most individuals are primarily concerned with the short-term penalties associated with a DUI conviction (such as fines and/or suspension of their Driving Privileges), a DUI conviction can affect a person's life for several years. A DUI conviction can have a significant impact on a person's job, professional licensing, insurance rates, and travel opportunities.

By hiring the Best DUI Lawyer in San Diego, you can often reduce or eliminate many of the long-term effects associated with a DUI conviction. Therefore, the primary goal of a DUI Lawyer is not to resolve your case as quickly as possible, but rather to protect your future.

8. Not Taking Your Case Seriously

Choosing to treat a DUI offense as if it were simply a minor issue will only cause you great regret later on. The jails have many offenders who clearly did not treat their case seriously or thought of it as a “simple” offense.

Because of the aggravating circumstances in or surrounding your case, including but not limited to an elevated BAC, accidents associated with your operation, and prior offenses (prior arrests and/or convictions), the court will usually take a DUI offense seriously.

By contacting an attorney who specializes in DUI offenses within a short period after your arrest and following his/her recommendations, you have shown the court that you take responsibility for your actions and are taking an active role in protecting your rights.

Conclusion

Although a DUI arrest may happen to you or may seem like a bad thing, it does not have to affect your future. You can take steps that will ensure you have the best chance of obtaining a positive/beneficial outcome from your arrest and conviction.

In many cases, with the assistance of an experienced legal advocate, you can achieve your goal of having your DUI charge reduced, challenged, and/or resolved with minimum long-term consequences.

If you have a DUI charge pending against you, it is important to choose the best support for you and your future. KG LAW SD, APC has the expertise, strategies, and commitment to fight for your rights every step of the way.