A positive outcome can obtained by avoiding a few common errors

When a person is arrested for a DUI it is common to be overwhelmed with questions especially about what needs to be done – if anything. Avoiding a few common pitfalls will give you a much better chance of obtaining a positive outcome.

Failing To Request A DMV Administrative Hearing.
A DUI case is actually two cases in one; a criminal DUI case and a civil driver’s license administrative action. Once a person is cited for a DUI, it is their responsibility to request an administrative hearing in writing, although the only notice of this is in small type at the bottom of the ticket and as a result is often missed by drivers. The DMV hearing is the single most important part of any DUI case, and failure to request a hearing results in automatic suspension. Because most officers fail to mention the hearing to defendants, and the situation is quite emotional, about 50% of people miss this very important deadline.

Making Assumptions.
This is the single greatest error made by uninformed defendants. The breath machines can be very inaccurate. For example the machines assume an average of temperature of 34.0 C for each person that blows into the machine, however, for each degree over that preset average, the indicated result will be 7% greater than the actual value – breath temperature has been shown to constantly vary between individuals; a person with a fever, or a woman during her monthly cycle will generally have an increase of 2 degrees of more over the baseline of 34.0 C – that’s a 14% differential. Coupled with the manufacturer’s stated 5% internal variance and 2% for testing solution, that’s a whopping 21% right off the top.

Not putting it in Writing.
While the event is still fresh in your mind, write down everything you remember. This will help both you and your attorney sort through the case. If your case goes to trial, it might be up to year or even longer, so the details may fade.

Not gathering Your Witnesses.
If you have civilian witnesses make sure you have their contact information. These can be people who were in the vehicle with you, people who saw you drinking (or who served you), or passers-by who witnesses the field tests. If they are willing to make a written statement, have them put their memory of the events down on paper.

Not Calling a DUI lawyer.
A common misconception is that an Attorney is going to waste more money for the same, inevitable result so many people don’t even consider speaking to an attorney. While it is true that some cases end up with results far less than preferred, the number of people that get overcharged by the prosecutor; over-convicted; and then over-punished will never be thoroughly understood because so many people believe in the misconception. Contacting an attorney is free. Speak to an attorney before you decide whether or not you need to hire counsel.

Not going to Court.
The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

Not Educating yourself.
Educating yourself is the best way to get good representation, but is also prevents you from being over-charged. For example, some lawyers will include “Trial” in their fees but what they won’t tell you is that most cases (about 95-98%) resolve without going to trial. Why pay for something you won’t use?

Basing your decision to hire (or not) on fees.
The State has almost unlimited resources when it comes to your case. Hiring an attorney, and paying a fee which will allow him/her to put time and effort into your case, will allow you to better defend the prosecution and his/her unlimited resources.

While Attorneys must earn enough to keep their doors open and make a living wage if you go too low your attorney will not be able to put in the time necessary to fully protect your rights. Look for a reasonable, predictable fee, not the lowest or highest. Hiring a “cheap” attorney, or not hiring one at all, always ends up being expensive. Hiring an “expensive” lawyer is always expensive and doesn’t guarantee any more success relative to a reasonably priced attorney. You can hire a good attorney without having to break the bank.