Some Common Mistakes DUI Defendants Make and How to Avoid Them

Kimberly2 1 Author:

Kimberly J. Benjamin, Founder & Managing Attorney

Typical Mistakes Made by DUI Defendants When Arrested

 People who have been arrested and are facing DWI/DUI charges make certain mistakes that could prove costly to their case.Some of these mistakes help the prosecution to solidify their case and easily obtain a conviction against the defendant. It could also lead to additional charges, which could, in turn, lead to the defendant spending a lot of time in jail.If you or your loved one has been arrested for a DUI, it is important to be aware of such mistakes and how to avoid them, as it could make the difference between your conviction and your freedom. Keep reading to learn more about these mistakes and how a criminal defense attorney in Kansas City can help your case. 

Common DUI Mistakes

 There are several mistakes that DUI suspects make during DUI arrests that are detrimental to their case. Some of the more common ones include the following: 

Underestimating the Charge

The most common mistake that DUI defendants make is not understanding the seriousness of their case. In many cases, defendants think they can handle the case independently and just pay the fine. In reality, a fine is only a small part of the punishment handed to DUI defendants. The other punishments are much more severe and can have lifelong consequences for the defendant.If you’re currently in such a position, please remember that DUIs are serious and seek help from a legal professional as soon as possible to avoid any long-term repercussions. 

Accepting Guilt

Being stopped for DUI does not mean you’re guilty. The burden of proving your guilt is on the arresting officer, not you. But sometimes, some people feel their honesty will protect them from the offense’s consequences, so they choose to admit guilt. It is wrong to take this stance because admitting to drunk driving will likely result in a conviction.If you’re considering confessing to a DUI to save yourself, albeit in error, it is important that you understand how a DUI arrest works before you do so.Once a police officer has reasonable suspicion that a DUI has occurred, they usually request and administer a blood or breath test or standard field sobriety tests on a suspect as part of their DUI investigation.Sometimes, police officers make mistakes during the testing and arrest process. Such mistakes on the part of the law enforcement officer could work to your benefit. In such circumstances, an experienced DUI lawyer could use the officer’s failure to argue for a withdrawal of the DUI charges. So instead of admitting guilt, consider hiring a lawyer to fight your charges. 

Resisting Arrest

If the suspect argues with the arresting officer during the arrest process for DUI or is otherwise uncooperative, such actions could lead to an extra resisting arrest charge in addition to the DUI. Instead of arguing with the officer, exercise your right to remain silent, so you don’t escalate things further. You can use that time to strategize internally and think of how to get out of the situation. 

Failing to Consult an Attorney

This point is closely related to the first mistake mentioned above- underestimating the charge. Some people believe that they can handle a DUI case on their own without involving a lawyer. This can lead to them making mistakes during their proceedings, which can cause them to lose their license and spend months in jail.Retaining the services of a respected attorney as soon as possible can help you avoid most, if not all, of these mistakes and give you a good chance at avoiding a conviction. 

How an Attorney Can Help

 If you get convicted of a DUI, you could face several penalties, including:

  • A suspended license/loss of driving privileges
  • Hefty fines
  • Increased insurance rates
  • Jail time

Working with a skilled DUI attorney allows you to get a professional to fight for and with you, so you don’t have to face the judge alone. Consider hiring one today to improve your chances in court and possibly avoid the above penalties.If you have further questions about criminal defense in DUI cases, DUI & DWI expungement, or expungement in Missouri, contact us at the Missouri DWI & Criminal Law Center. We can answer your questions and represent you in court diligently. Get in touch with us to schedule a free consultation and speak with one of our skilled attorneys.

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