Mistake #1: Not Moving Fast Enough
You have a lot to do in a short period of time. The absolute worse thing you could do is ignore your DUI case. You not only risk losing your driver’s license and jail time in the near term, but you will also pay higher insurance premiums, risk losing your job, make it harder to get another job, jeopardize your credit and can even be blocked from renting a car for many years to come.
Mistake #2: Not Taking The Matter Seriously
In addition to the ongoing hassles listed above, if you are convicted this is a charge that could follow you for the rest of your life. The California Department of Motor Vehicles will keep track of it until you are dead, because the penalties are higher for a second or third lifetime conviction.
The additional insurance charges alone could cost you $15,000 to $30,000 over the next seven to ten years. If your license is taken away, you have to prepay for an SR-22 endorsement to your policy. If you do not maintain your insurance, your insurance company must notify the DMV in advance. It will also raise your rates based on your conviction.
Mistake #3: Not Writing Everything Down
It is in your best interest to remember and record all the details of your arrest. It will help you in your defense. Write down the important details:
- Date and time of the stop
- City and state of the arrest
- Did you take a blood, breath or urine test?
- When?
- What were the exact results?
- When was your last drink before you got in your car?
- How many other drinks did you have earlier, and when?
- Do you have any witnesses?
- Did you phone anyone? When?
- What court are you scheduled to appear in?
- When?
- Date and disposition of any prior DUIs
- How long do you have to contact the DMV to avoid an automatic license suspension?
Mistake #4: Talking To The Wrong People
Don’t talk to anyone but an attorney about your case. Anything you say to anyone else can be used against you. When you discuss your arrest with friends or family, you risk turning them into involuntary witnesses against you.
Were you in an accident? Your insurance policy requires that you inform the company immediately. However, any conversation you have with a company agent IS NOT a privileged communication. In other words, it could be used against you in court. What should you do? Contact the company immediately as you are supposed to do, but do not give a statement until you have consulted with an attorney first.
Mistake #5: Not Hiring A DUI Specialist Attorney Immediately
If you ask the judge to let you be your own attorney, the judge must allow this in most cases. But NEVER do this. DUI is a criminal case. In any criminal case, you must be represented by a competent, experienced defense lawyer. Do not represent yourself because: "I really wasn't drunk and the truth will win out."
No, it won’t. The arresting officer is trained to testify to get a conviction. The prosecutor is probably more experienced and certainly more court-wise than you are. Representing yourself virtually ensures your conviction.
DUI law is complex and you need competent representation. Judges won't know how they should protect your rights in your specific case unless someone defends you. For example, defense attorneys know that overworked prosecutors may use reports from inexperienced or overzealous police officers to over-prosecute a case. Your attorney is trained to handle these situations, and also will make sure you don’t miss any crucial deadlines. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser.
In all DUIs, get a lawyer quickly. You need lots of legal advice, fast. You should interview lawyers immediately after your arrest if you can. Remember that in California you have only 10 calendar days after arrest to file with the DMV if you lost or are about to lose your license.
Do not think that "your brother's friend who knows a judge who can get your case dismissed" will work – it won’t. Do not think that talking to many attorneys will give you enough information to handle your own case – it won’t. Do not think that your friend who has two prior DUI convictions can give you any useful legal advice – they can’t, or they wouldn’t have two priors.
Do not wait until the day before you are scheduled for court to contact a DUI specialist. He might be in court and unable to discuss your case with you. Moreover, the attorney will want to be paid before making an entry of appearance in your case, because an entry of appearance binds him to make court appearances on your behalf. If you talk to an attorney right after you are arrested, you will at least have some time to come up with his fee.
Mistake #6: Hiring An Inexperienced Attorney
DUI law is one of the most complicated areas of criminal law, and you must hire an experienced attorney who specializes in DUI cases and knows all the ins and outs of DUI practice. Hiring the best DUI defense specialist will not guarantee a win, but will substantially increase your probability for an acquittal.
You need to ask questions like:
- How long have you been practicing in the specific field of DUI law?
- How many DUI cases have you handled?
- How many of those did you plea bargain?
- How many of those did you win?
- What’s the typical result for the facts in my case?
- Do you have expert witnesses available that could testify on my behalf?
Mistake #7: Hiring The Cheapest Attorney
If you have a choice between two equally experienced, aggressive defense attorneys, there’s nothing wrong with going with the one with the lowest fees. Fees are usually quoted per hour, with an informal estimate of what the whole process will cost you.
But never hire your attorney based only on the amount of the fee. The State has essentially unlimited resources to prosecute your case. You need to hire an attorney and pay a fee that allows him to put enough time and effort into your case to counter the prosecution and win. If you go too low, your attorney will not be able to put in the time necessary to protect you. If you interview a few attorneys, toss out the ones that don’t look like they’ll be able to do the job, and then average the hourly charges of those that are left. Start with the one with an hourly charge closest to the average. Now ask yourself: As you go up the scale, are you getting enough additional value to make it worth it? As you go down the scale, are you giving up competence or experience?
I’ll put up a post soon on exactly what you need to ask when you interview prospective attorneys.
Mistake #8: Not Dealing Aggressively With The DMV
If you refused to take an alcohol test, or failed one, your license will be taken on the spot or you are automatically scheduled for a license suspension. In California you have only ten days to request a DMV hearing. If you do not request a hearing, you may not be able to drive (because they took your license) until after they schedule a hearing, or in some cases for 90 days up to a year without any hearing. Even if they didn’t take your license, depending on your record you could get an administrative drivers license suspension for one to five years before you even go to court on your DUI – without a hearing! If you request the hearing, you may be able to get a temporary license until the hearing, and you’ll have a fighting chance to keep driving until your DUI case comes to court.
Mistake #9: Not requesting that the arresting officer be present at your motor vehicle hearing
If you do not request the officer's presence, you will have to subpoena him (more complicated and expensive) or waive his presence. If you waive his presence, the hearing will be based on the officer's report only, and you and your attorney will not hear how the officer will testify. If the officer is present, many things can be learned at this hearing by your attorney that will be useful in beating your DUI. If the officer fails to appear – which happens more than you’d think – or is not able to justify what was done, you get your license back.
Mistake #10: Driving after your license has been revoked
You have no right to drive after revocation, and in many states driving after a license revocation is a more serious traffic offense than your original DUI charge. There are no provisions for you to drive even for work, or any other reason. If you are arrested again for driving during this time, you may have to post a $10,000 bond just to get out of jail. If convicted, you may face a minimum 45 days in jail, and possibly up to a year. If you are in the U.S. on a visa, you could be deported.
In small towns, the police will be looking for you and your car. Driving after revocation is a common way to compound your problems, and will make you look bad when your DUI case is tried or settled. Don’t do it. If you stay clean for as little as 30 days after revocation, you may qualify for a probationary or limited work-related license.
Mistake #11: Failing To Appear In Court
Do not miss a court appearance unless your lawyer tells you that you are excused. Not only will the judge issue a bench warrant for your arrest, but also any bond you posted will be revoked and forfeited. After they arrest you on the warrant, you will most likely sit in jail until your case is called, or at best have to come up with a large, expensive bond. If you’ve been able to hold onto your license thus far, it will be suspended for your failure to appear in court. And the next time you are stopped for any traffic infraction, your failure to appear in this case will be used against you and you’ll probably be spending some time in jail and posting another large bond for your future appearances.
Mistake #12: Negotiating your own plea bargain
Never try to save money by negotiating your own plea bargain. Admittedly this sometimes works, but usually what seems like a good deal to you is a prescription for disaster. For example, if you got cited on other charges in addition to your DUI arrest, one or more of the other charges could also be a license suspension violation on top of your DUI. Even worse, depending upon your record, one or more of the other charges could make you an Habitual Violator. Saving some money could result in the unnecessary loss of your driver’s license for five years or more.
You will find that your attorney never takes the District Attorney's first offer. The first offer is never a bargain, it’s just to catch the suckers and get rid of a case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on any constitutional challenges. You give up your right to raise these issues and make the State prove its case, which typically is harder than you’d first think.
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