top 10 dui case mistakes

common errors made by dwi attorneys & defendants

1. failing to properly address the situation & potential consequences

A DUI conviction in San Diego will remain on your California criminal record forever, and could be subject to review by present and future employers, insurance companies, lenders, and others. If convicted, you will likely face increased insurance rates, or have your policy dropped altogether.

2. not hiring a lawyer dedicated and proficient in dui defense

Or hiring a general criminal lawyer who spreads his or her practice across a broad spectrum of crimes. Laws concerning DUI are complex; the equipment and evidence pertaining to drunk driving cases is very technical and scientific in nature. You should hire a competent DUI attorney who focuses solely on the defense of DUI related crimes, with a proven track record of successful DUI case outcomes. Your lawyer should be skilled in drunk driving defense, and know when and what to contest on your behalf. WHO you choose as your attorney can make a critical difference in the outcome of your case.

3. selecting a lawyer based on costs alone or looking for the cheapest attorney

Looking for a discount attorney, or hiring the cheapest lawyer you can find. The attorney you hire to defend your San Diego DUI case should charge a respectable, professional fee. When it comes to defense, you'll undoubtedly get what you pay for. If it sounds too good to be true, it probably is, and you could be pleading guilty before you know it. You'll need a lawyer who is at least as competent as the State's prosecutor, and whose rate is at least equal to what the District Attorney pays their experts.

4. assuming defeat and not contesting your charges

Don't disregard the fact that prosecutors DO lose DUI cases in Jury Trials when the defendant is represented by a skilled and knowledgeable DUI Attorney. Often, breath tests and other results can be made inadmissible as court evidence with a "motion to suppress", cross-examination of witnesses, the arresting officer's procedural errors, or failure to prove probable cause, etc. Don't be resigned to lose without investigating and confronting the allegations and evidence against you. Always consult with a knowledgeable lawyer - who you choose as your attorney is just as important as what you choose to plead. The State must prove your guilt beyond a reasonable doubt, unless they convince 12 jurors that the arresting police officers adhered to procedure 100% of the time while administering each task surrounding your arrest, as well as convince the court 100% that you were driving impaired, you are presumed innocent. Don't be apathetic.

5. not requesting a dmv hearing to fight driver's license suspension

Again, don't make the mistake of surrendering to defeat and diminished initiative. It is the San Diego DMV Officials who bear the burden of proof, and an average of 34% of San Diego drivers who challenged the administrative suspension sanctions via a California DMV Admin per Se Hearing persevered in retaining their driving privileges. The ratio of victorious DMV License Suspension Hearing results doubled to 70% of drunk driving defendants when represented by a skilled and experienced DMV Lawyer at the Hearing. Should the DMV prevail in penalizing you at your hearing, you can exercise your constitutional rights and appeal their verdict.

6. driving while suspended or abusing restricted drivers license

California criminal & DMV penalties are higher for a driving with a suspended license charge when the license suspension or revocation resulted from a DUI conviction or related Drunk Driving offense. In San Diego, Driving with a Suspended Drivers License, or DSDL, is considered a misdemeanor crime, not just a traffic infraction. If caught, the suspended licensee will be arrested and fined up to $1000 and sentenced to incarceration for up to six months in jail. Your vehicle may also be impounded and / or sold as a nuisance. It simply compound the trouble of a DUI conviction, and the Judge and DMV strongly disapprove of noncompliance with their court orders.

7. discussing your arrest and case with anyone but your dui attorney

Keep in mind that you have a pending case in criminal court. Anything you say to anyone but your attorney could be used against you as evidence. And regardless of how many laws and statutes you've read, or how much advice you've collected from attorneys evaluating your case, it is said that a person who represents themselves in court has a fool for a lawyer. A slow and awkward attempt to represent oneself is often annoying to the presiding judge, don't ever make the mistake of turning his or her courtroom into a circus with a self representation attempt.

8. failure to appear in court

The court will issue a bench warrant for your arrest, and you will exacerbate the charges against you. Judges are not sympathetic to defendants who show disrespect to the judicial system. The next time you are stopped for a traffic infraction, you will be taken into custody on the outstanding arrest warrant, the original DUI offense, and possibly contempt of court.

9. taking the witness stand and testifying in your own dui case

Don't make the mistake of testifying at your court hearing unless your attorney deems it essential. It's possible you may need to briefly refute any false allegations made by the arresting officer or other witnesses, such as claiming you admitted to drinking, if in fact, you never made that admission. The Fifth Amendment entitles you to waive your right to testify to avoid self incrimination. DUI Defendants are often nervous and awkward on the stand, as opposed to the prosecution's expert witnesses, so they'll rarely make a good impression on the jurors, whose focus would shift from questioning whether the prosecutor and police are telling the truth to whether the defendant is being entirely honest, or perhaps hiding something.

10. failing to have a plan b mitigation strategy

While the ultimate goal of taking a case to trial is a "non-guilty" verdict, there are times when factors outside your control effect otherwise. If your offense was a felony, there was bodily injury caused to another resulting from your impairment, or your have prior DUI convictions, you should prepare strategically for the sentencing portion of your hearing. A good California DUI Lawyer will present you in your best light, call witnesses on your behalf, testify as to your significant contributions to your community, your family's dependence on you, and your remorse and rehabilitative accomplishments and pursuits since your DUI arrest. Don't be unprepared to effectively mitigate DUI punishment.