White Goldstein's Criminal Defense Blog
3 Common Mistakes People Make After Being Arrested for Driving Under the Influence of Alcohol or Drugs – DUI /DWI
You have just been arrested for drunk driving. After a stressful encounter with police, and a nightmare in jail, you may be hanging in there by a thread. Everyone is giving you their opinions. You just want this to end. What do you do? At White Goldstein, we strongly encourage our clients to learn as much as they can about the nature of their case and their options. One way to do this is to gather information online from blogs such as this one, newsletters, and other similar sources. However, the information you may receive online may not be reliable or accurate, and it may not be applicable in your state or county where you were arrested. The following is a list of three common mistakes people make when arrested for DUI in California:
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Failing to Consult With A Qualified DUI Attorney
The number one most common mistake people make after being arrested for a DUI in Los Angeles and throughout California, is failing to meet with a criminal lawyer who specializes in DUI cases. After a person is arrested for DUI, it is common for them to get advice from all sorts of unqualified people such as the police, others they may know who were arrested for DUI, friends and family, and lawyers who are not DUI experts. We cannot stress the importance of seeking the advice of competent, qualified attorneys who specialize in Driving Under the Influence cases. DUI/DWI law, and DMV Administrative law, is very complicated. And, each case has a unique set of facts and circumstances that will apply differently to this complicated, often underestimated, area of law. Therefore, in order to really understand what your options are, you must discuss your case with a qualified DUI attorney in Los Angeles or other county where you were arrested. Only an attorney who has years of experience specializing in DUI defense, and who actively represents clients charged with DUI in your county, can provide you with the most accurate advice to help you decide what the best course of action is in your case.
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Failing to Request A DMV Administrative Per Se Hearing
In California, YOU HAVE ONLY 10 DAYS FROM THE DATE OF YOUR ARREST TO APPLY FOR A DMV HEARING after being arrest for DUI. 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. A few good reasons are as follows:
- You don’t want to lose your license automatically. Applying for the hearing can extend the time you have to drive before your license is suspended, if it is suspended at all.
- 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. Sometimes we win based on the facts of the case, and sometimes we win based on technicalities.
- The DMV Administrative hearing provides your defense attorney with an opportunity to collect evidence, and the opportunity to question the police officers. The evidence gathered during this process can then be used by your attorney against the prosecution to fight your DUI in the criminal court.
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Not Fighting Your Case Because Your Blood Alcohol Content (BAC) Was .08% or Greater
Many people mistakenly believe that they cannot win their case because their blood alcohol concentration (BAC) was .08% or greater. This is a big misconception that is simply not true. Most DUI cases involve BAC’s of .08% and much higher. Yet, many such cases, even those with BAC’s greater than .15% or .20% are dismissed, receive reductions in charges and/or harsh sentencing consequences such as jail. The reasons behind dismissals and reductions are different for each case because each case has a unique set of facts which apply to the law differently. A few examples are as follows:
- problems with the breath testing equipment used
- improper procedures followed in obtaining breath sample
- improper storage of blood
- lack of probable cause to stop the motorist
- unlawful arrest
- loss of evidence
- improper police practices
- rising blood alcohol defense
- lack of proof of actual driving while impaired
- lack of impairment
Contact White Goldstein for a comprehensive evaluation of your case. As experienced DUI attorneys in Los Angeles and throughout Southern California, White Goldstein will provide you with a detailed analysis of your case, and thoroughly prepare your defense to give you the best outcome possible. Speak with Ms. White or Ms. Goldstein directly. Call us at (877) 77 WE-WIN or (877) 779-3946 or contact us via email. Our consultations are completely confidential and free.
