5 Common Mistakes After Getting Arrested for a DUI

Written By: BOSS Editorial
Reading Time: 3 minutes

Navigating a drunk driving arrest is unfamiliar territory for many, especially those encountering the law for the first time, which can be quite intimidating. Regrettably, numerous errors can imperil a DUI case, potentially swaying the outcome from favorable to a conviction. Here are the typical missteps individuals tend to make post a DUI arrest:
Believing a Conviction is Inevitable
Being arrested for driving under the influence or exceeding the legal limit doesn’t automatically equate to being convicted. It must still be established beyond a reasonable doubt that a crime occurred.
There are frequently opportunities to cast doubt on the proper execution of tests or the justification for the traffic stop by law enforcement. A DUI defense attorney can scrutinize the details of your stop and assess the fairness and legality of your breath test.
In cases where procedural errors or rights violations occurred, it may be possible to challenge the charges and seek a reduction or dismissal. Consulting a bail bonds service in Sanford, FL can help secure a timely release while you prepare a strong legal defense. Additionally, gathering evidence, such as witness statements or surveillance footage, can further support your case and challenge the prosecution’s claims.
Declining to Take the Breath Test
If you decline to take a breath test at the station, the officer will check whether you also declined the portable breath test on the roadside or provided a reading and then declined the breathalyzer at the precinct.
If you opt to decline, it is advisable to decline all tests. Occasionally, individuals with high portable breath test results refuse the precinct test, which can harm their refusal case. For cases where you did refuse, you would need a separate DMV hearing within 12 days of arrest. The DMV must establish specific factors for a one-year license revocation, and your statements would impact the case if you refused.
Underestimating the Severity of the Charges
Many individuals downplay the seriousness of DUI charges, which can bring about lasting repercussions such as imprisonment, financial penalties, and license revocation. Failing to treat the charges with gravity may lead to subpar legal assistance and unwise choices. A DUI charge goes beyond a mere traffic violation and can profoundly impact your life and prospects.
Neglecting the gravity of DUI charges can result in an adverse court ruling and significant sanctions.
Driving on a Suspended License
After a DUI arrest, there is a ten-day window where you can drive without restrictions. However, driving is prohibited after this period unless you secure a temporary driving permit or a hardship license.
Driving while under suspension is considered a criminal offense. The initial appearance judge can revoke your DUI bond if there is a lawful basis for an arrest. Should the bond be revoked, you will be held in custody until the DUI case concludes. It is crucial to avoid any arrests while on bond.
Admitting Guilt
After being arrested, many individuals tend to feel the urge to apologize and justify their actions of drinking and/or driving. While it may appear logical, admitting fault is not advisable. Regardless of the extent of your apologies or attempts to clarify your perspective to law enforcement, altering their decision to arrest you for DUI is unlikely. Your statements could be used against you during legal proceedings, leading to more severe repercussions than if you had remained silent.
Endnote
Avoiding these typical errors following a DUI arrest could enhance the outcome of your case. By obtaining skilled legal counsel, grasping the ramifications of a DUI arrest, and following correct protocols, you can navigate the intricate legal system and reduce any adverse impact on your future.
