Common Mistakes People Make After a DUI Arrest

August 27, 2020

Do Not Be One of Them – Hire a DUI Lawyer

If you have been arrested for driving under the influence and are unfamiliar with the criminal justice system, you are not alone. Being arrested for drunk driving is not something most people know how to navigate. For some, this is their first time dealing with the law and it can be a bit overwhelming. Unfortunately, there are many pitfalls that can jeopardize a DUI case and be the difference between a favorable result and a conviction.
The following are the most common mistakes people make after getting arrested for a DUI:
1. Self-Incrimination
Is there a right way to conduct yourself during a routine traffic stop or when you have been pulled over for suspicion of driving under the influence? The answer is……. Absolutely! However, one of the worst things you can do is to forget to exercise your fifth amendment right. You do have the right to remain silent. Some drivers assume they can talk their way out of a DUI, but most do not. Often telling “your side of the story” provides law enforcement plenty of evidence to convict you for driving under the influence. What you say, can be used against you. It is best to keep quiet until you have spoken with a DUI defense lawyer.
2. Failing to Request a Hearing within 10 days of Arrest
Florida drivers face a driver’s license suspension following both a refusal to take a BAC test, as well as following a BAC test showing results above .08. This suspension is automatic after arrest and you only have 10 days to request an Administrative Hearing to try to protect your license. Many people do not act quickly, because they are not aware of the 10-day rule that requires a timely hearing request. If a hearing is not requested, you are basically forfeiting the opportunity to fight the suspension. If you hire a DUI defense lawyer in a timely manner, this is something they will handle for you.
3. Thinking a Conviction is Inevitable
Just because you were arrested for driving under the influence or tested over the legal limit, it does not necessarily mean that you will be found guilty of committing the crime. It still must be proven beyond a reasonable doubt that a crime occurred and there are often ways to introduce doubt about whether tests were performed properly or that law enforcement had reasonable suspicion for pulling over your vehicle. A DUI defense attorney can investigate the circumstances surrounding your traffic stop and determine whether your breath test was conducted fairly and in accordance with the law.
4. Waiting too Long to Hire A DUI Defense Lawyer
It is highly recommended that you hire a criminal defense lawyer within 24 hours of being arrested for driving under the influence. You want to contact an experienced attorney with a good reputation to help you. A DUI conviction could result in a jail sentence of up to six months (nine months if you had a BAC of .15 or more,) a maximum fine of $1,000 and a license suspension for up to one year. To avoid serving these penalties, as well as making the mistakes mentioned above, you need to hire a skilled criminal defense attorney. A dui lawyer can review your case, build a defense, and develop a strong case strategy to protect your rights and future.
If you are ready to build a strong defense for the best chance at avoiding DUI penalties, contact the Law Office of Brian H. Mallonee at (772) 464-1991.
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