Common Mistakes After a DUI Arrest
A DUI arrest is frightening. For many people, the arrest represents the first time they've been arrested or faced any serious trouble within the criminal justice system. An arrest for suspected impaired driving can have profound consequences and is a far more serious matter than simply receiving a traffic ticket. You need to respond assertively and develop an appropriate response to try to protect yourself from consequences that could include the loss of a driver's license or jail time.
Unfortunately, many people don't know how to respond after a DUI arrest. This can lead to mistakes that make conviction more likely. To avoid errors, your best option is to talk with a Valdosta drunk driving attorney. Soto DUI Defense can help clients in Southern Georgia and Northern Florida, so give us a call as soon as possible following your arrest.
Avoid Making These Mistakes
After a DUI arrest, there are a few key mistakes you want to avoid. Errors that could affect your future include:
- Failing to request a hearing within 10 days of arrest. Drivers can face 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 have only 10 days to request an Administrative Hearing to try to protect your license. Many people don't act because they are unaware of the 10-day rule that requires a prompt hearing request.
- Assuming a BAC of .08 or above means a conviction is inevitable. If you undergo a chemical test and are found to have drugs or alcohol in your system, you may assume that you will be convicted of impaired driving. This doesn't necessarily have to be the case. A prosecutor still has to prove guilt beyond a reasonable doubt and there are often ways to introduce doubt about whether a chemical test was accurate. You might also be able to prevent the evidence from the test from even being used against you if your Constitutional rights were violated during the evidence collection process.
- Providing police with evidence. You don't want to provide police with evidence to use against you. This means you should refrain from answering questions or volunteering information. Exercise your right to remain silent and ask for a lawyer before answering questions. After your arrest, you should also be careful what you post on social media. Don't assume anything you say online will be private and refrain from commenting on being drunk at the time of your arrest.
- Not hiring a good lawyer right away. Not all attorneys have the experience and knowledge necessary to effectively represent clients in DUI cases. You need to contact a qualified and experienced attorney with a good reputation to assist you right away. Don't settle for just any lawyer and don't wait to contact a legal professional because your lawyer should begin advising you immediately.
These are just a few of the numerous possible mistakes that drunk driving defendants could make. It is important to make smart and informed choices and ensure that you do everything possible to try to avoid a conviction for a serious criminal offense. If you are facing drunk driving charges, let the team at Soto DUI Defense help.