Common Mistakes People Make After Being Arrested for DUI / DWI

Posted almost 6 years ago. Applies to California, 9 helpful votes



Failing to Request A DMV Administrative Per Se Hearing

YOU HAVE ONLY 10 DAYS FROM THE DATE OF YOUR ARREST TO APPLY FOR A DMV HEARING. Failure to apply for a DMV hearing within the 10 day period will result in an automatic suspension of your driver's license. Many people do not bother to apply for the hearing because they feel it is hopeless to fight their case. However, there are many excellent reasons to apply for the hearing including the following: 1) You don't want to lose your license, 2) It is possible to win the hearing--DUI attorneys challenge the DUI suspension for many different reasons besides the fact that you may have been driving impaired, and 3) the hearing provides the defense attorney with an opportunity to collect evidence and possibly question the officer which could help the criminal case a great deal.


Failing to Consult With A DUI Lawyer

It is common for people arrested for DUI to get advice from all sorts of unqualified people including the police, others arrested for DUI, friends and family, and lawyers who do not specialize in DUI defense. Before you decide what to do about your DUI case, it is extremely important that you first consult with an experienced DUI attorney. DUI law, and DMV Administrative law, is very complicated. Only an attorney who specializes in DUI defense, and is actively representing clients charged with DUI, can provide the most accurate and helpful advice to help you decide what the best course of action is in your case.


Assuming You Have No Case To Fight Because Your Test Result Was Greater Than .08%

This is perhaps the biggest mistake that people make - to not fight their case because their blood alcohol concentration (BAC) was greater than 0.08%. However, it is true that many cases are dismissed, or reduced, despite BAC levels of .08, and much greater - even BAC's greater than .20%! The reasons behind dismissals and reductions are different for each case, but they may include the following: inaccuracies with the breath testing machines, improper storage of blood, lack of probable cause to stop the motorist, loss of evidence, improper police practices, rising blood alcohol defenses, and lack of proof of actual driving while impaired defenses, to name a few. An experienced DUI defense attorney will be able to assess and analyze your case, and prepare a defense that will give you only the best possible outcome.

Additional Resources

CA DMV DUI Information

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The definition, charges, and penalties for driving under the influence (DUI) vary by state and depend on a number of factors.

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