DUI Frequently Asked Questions
Top Ten DUI Lawyer Mistakes
Mistake 1-Assuming the case can't be won
I have over 18 years of trial experience. Which means I have seen all the tactics that the prosecutor is going to use, and how to combat them. Most attorneys give up far too early. I see it all the time in the courtroom.
In fact, the breath test, the alcohol blood level test, and the roadside tests the arrested person has to perform all have potential built-in flaws. Flaws which can make the difference. For example, the results of a breath test can be challenged through a Motion to Suppress, or evidence of your sobriety, or with cross examination of the police officer or the state's expert.
Is it more costly to defend than to plead guilty? Sure it is. But with so much at stake (including considerable penalty fees), the possibility of winning should not be just dismissed. And it may cost less than you think. Further, we are less expensive than other attorneys who will take a great deal of your money just to plead you guilty.
Mistake 2-Not fighting the license suspension
Another common mistake lawyers make is not contesting a license revocation hearing because they believe that these hearing cannot be won very frequently. A revocation is imposed in California for refusal to take a breath or blood test, or for failing it. In many cases, the license suspension hearing can provide valuable evidence to be used at a DUI trial.
Plus, it's simply not the case that the revocation hearing cannot be won. They can often be won based on technical defenses, such as:
* the stop of the car was not lawful
* the arrest was not lawful
* the chemical test is not accurate
* you did not in fact refuse the test
Moreover, By not contesting this hearing they don't get to question the arresting officer. And this may be the only time the arresting officer can be questioned soon after the arrest, when his/her recollection is likely to be most accurate.
Top 10 Driver Mistakes
Mistake 1-Not taking the matter seriously
This is a charge that will follow you for the rest of your life, if you are convicted. Being charged with DUI is serious. Not only will you be criminally prosecuted, you also risk losing your driver’s license automatically for failing to request your hearing in time. Further, you could be facing probation, jail, and fines in the thousands. The additional insurance charges alone could cost you thousands of dollars every year.
Mistake 2-Assuming you will lose the case
Many people charged with DUI believe that they have no chance of winning. Maybe they failed a breath test. Perhaps they think no one will believe they were innocent because there was an open container of alcohol in the car. The truth is that the case against you may not be as solid as you think.
For example, did you know there are many factors that can affect the accuracy of a breath test? Scientific testing has shown that work conditions (such as volatile-chemical exposure), extensive dental work, Gastro Esophageal Reflux Disorder (G.E.R.D.), air-bag deployment, and even a simple fever can yield a “false high” breath-test result. Additionally, breath tests must be performed under strict guidelines. Failure to fully comply with those guidelines renders the results questionable at best. In other words, breath tests may be thrown out of Court or explained away.
Mistake 3-Not hiring a DUI attorney
DUI law is not a simple criminal case. It involves civil law, criminal law, administrative law, traffic law, and criminal procedure. You are facing potential jail time and thousands of dollars in fines, Court costs. Without a knowledgeable, experienced DUI lawyer on your side, your ultimate fate is predictable. You will lose!
Many cases are won or lost based upon a proper investigation. For example, is there a videotape, what is the officer's training, and is the breath test accurate? You must assert 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. Some beneficial jail video footage on security cameras may be 'recycled' and lost, unless efforts are made to obtain it immediately following arrest.