Top 6 Mistakes made after a DUI Arrest
There are six common mistakes made after a DUI or DWI arrest.
- The first most common mistake that people make is that they take an ostrich approach. This means that they fail to recognize the seriousness of the situation. In most states and jurisdictions, a DUI conviction will remain on your driver’s license between five years and year life time. This means it will affect your ability to get a job, your ability to get certain credit, and your ability to drive. It is very important that you do not ignore this significant incident in your life.
- The second most common mistake is not hiring a lawyer or counsel who deals specifically with DUI cases. In most states, you can find a criminal defense lawyer to handle your DUI or DWI case, but it is very important when finding counsel to find a lawyer who has experience handling these specific types of cases. It is a specialized area of law and requires someone who has vast experience in the specific rules and regulations in your state.
- The third most common mistake is admitting defeat and pleading guilty at your first court appearance. Understand that DUI defense is very involved. Despite the original facts of your case, do not assume that it can not be won. Consult a lawyer who specializes in the area of DUI, DWI, or OUI defense. Sometimes people with a high breath test reading may believe that their case is not winnable. However, there may be certain defenses available to that person regardless of their breath test reading.
Defenses available that may apply in your case include the following:
Was there a valid traffic stop?
Did the law enforcement officer have a basis for the arrest?
Were the rules and regulations of the intoxilyzer, (the machine used to the test breath), valid at the time?
- The fourth most common mistake is not applying for an administrative hardship hearing. Remember that in most states if you get a DUI or DWI arrest, your license is taken by the law enforcement officer. It is very important that you follow the time constraints and that you apply for an administrative hearing. This allows your lawyer or counsel to accomplish one of two things. Either, getting your driver’s license back for your so you can drive, or gathering valuable information that can be used in your defense for your criminal case.
- The fifth most common mistake is driving while your license is suspended. In most states or jurisdictions, if you get a DUI or DWI arrest your license is suspended. If you do not take the steps for an administrative hearing to get a hardship or temporary driving permit, then you can not drive while your case is pending. If you have a suspended license, do not drive. Most states deal with people who drive with a DUI or DWI suspension harshly, usually resulting in county jail time or high fines. So if you have been arrested for a DUI or DWI and your license is suspended, do not drive until your license is reinstated.
- The sixth most common mistake is failing to appear for your court appointed hearings. If you have been arrested for a DUI or DWI, usually the court clerk or the court will notify you of your court hearings. The first hearing is usually called an arraignment; followed by either pre-trials or dispositions. If you fail to appear for your court hearings, a warrant will be issued for your arrest.
Remember the following if you get arrested for a DUI or DWI:
- Call your court clerk
- Understand your court appearance
- Know when your court date is
- Ensure that you appear
If you do not appear in court, a warrant will be issued for your arrest.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A., fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
Se Habla Español.
Kevin Hayslett, Esq.
J. Kevin Hayslett is an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin on Google+, or on Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.