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.
Mistake 4-Choosing an attorney based solely on cost
"The State of California has charged you with DUI. Our state has almost unlimited resources (attorneys, investigators, police, toxicologists.) to prosecute you. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage.
If you go too low, your attorney will not be able to put in the time necessary to protect you. Like most things in life, you pretty much get what you pay for. Look for a reasonable, predictable fee, not the lowest. Don't let money be an obstacle. Placer County DUI attorney Michael Phillips offers reasonable fees and accepts credit cards.
Mistake 5-Not asking the lawyer about his/her DUI experience
DUI cases involve complex laws and highly technical scientific evidence. You should ask how many DUI cases a lawyer handles per year. You should also ask for the science behind the evidence to be explained to you. Ask the lawyer what percentage of their practice is devoted to DUI defense? Like a doctor, would you want a 'general practitioner' or a specialist in the type of medical condition you have? Ask the attorney how they stay on top of cutting edge DUI defense? When was the last DUI seminar they attended ? Do they belong to The National College for DUI Defense and the California DUI Defenders?
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