The Top Ten Most Common DUI Mistakes
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The document outlines the top ten most common mistakes people make when facing a DUI charge in Florida. These include failing to plan transportation by designating a sober driver, not having identification documents readily available for police, improperly exercising Miranda rights by answering questions without a lawyer, providing self-incriminating details to police instead of invoking the right to remain silent, disclosing case details to unauthorized parties other than legal counsel, failing to obtain copies of evidence for legal defense, driving with a suspended license, attempting self-representation in court without legal counsel, failing to hire an experienced DUI lawyer, and missing scheduled court dates.
The Top Ten Most Common DUI Mistakes
- 1. The Top Ten Most Common DUI Mistakes Drunk drivinghasbeenahot legal topicfordecadesandwithFloridalawsgettingtougheronthose who drinkand drive,protectingyourselfinthe eventyouare pulledoverwhendrinkinganddrivinghasnever beenmore importantormore complicated. Today,Floridahassome of the strictestdrunkdrivinglawsinthe nation.Itseasyforsomeone whohas beenpulledoverwhiledrivingtomake a few mistakesthatcouldresultinacostlyconviction.Inorderto protectyourself asmuchas possible,heresalistof commonmistakesthatcan leadto a DUI conviction endingupon yourrecord: Failing to have a Designated Driver The firstmistake people make ischoosingtodrive while intoxicated,thoughnoone eversets out planningtodo so.The simple factispeople failtoplanproperlyandinclude adesignateddriver.Dont justassume there will be someonetogive youaride planto have someone doit.If you cantfinda friend,call acab. The fare is far cheaperthana DUI ticket. If you are drinkingata hotel,bar,or restaurant,askthe staff forhelpto geta cab. They likelyhave special relationshipswiththe cabcompanyandcan offerassistance whenyouneedit. Failing to have the proper documents ready at hand Anytime apolice officerpullsyouover,theyare lookingforsignsof intoxication.Eventhe slightestsign couldendup sendingyouthrougharigorousexperience of road-sidetestsorworse.Simplyhavingthe documentsapolice officerwillaskforreadilyavailable soyoudonthave tofumble orlookaroundfor it will give youlessopportunitytodosomethingthatcouldcause anofficertosuspectyouve been drinking.Sodontkeepthemwhere youhave togolookingforthem. Failing to understand or properly exercise Miranda Rights You have rightswhenyouare beingarrestedfora DUI. Those rightsare the rightto an attorney,the rightto remainsilent,andthe rightto notincriminate yourself. If youare beingarrestedfora DUI, dont justremainsilent,butsaythatyou are exercisingyourrighttoremainsilent.Make itclearyoudont wishto incriminate yourself orsayanythingelse. Simplyacknowledgingthe Mirandawarningcan work infavor of your defense. Helping the police to gather evidence they will use against you Whenyouare beinginvestigatedonthe side of the roadfor a DUI and the police askyou questionsyou dontwant toanswer like if youve beendrinking,youdonthave tohelpthembysayingthingstheyll use againstyouin a court of law.Instead,simplystate youdlike totalktoyourattorneybefore answeringanyquestions.Thiswill notpreventabreathtestor stopan arrest, butitll give themless evidence touse againstyouandispart of your Miranda Rights. Disclosing details about the case to someone other than a lawyer Neversayanythingaboutyourcase to anylaw enforcementofficerorofficial.Onlydiscussyourcase withyourlawyerandrespondto officersof the law asinstructedbyyour lawyer.Itseasytothinka prosecutoror officerwhoisactingkindison yourside,buttheytruth is theywantand need
- 2. convictions.Theyare notthere to helpyou do notconfide inthem. Thatsexactlywhatyourlawyeris for andwhy youneeda qualifiedandexperiencedDUIlawyertorepresentyouif youare arrestedfor a DUI. Failing to secure a personal copy of the police report There isoftenstrongevidence tobe usedinyourdefense withinapolice report,butyoullneverknowif youdontget a copy of it. Beyondthe police report,make sure totrack downandrequestcopiesof any otherevidence beingusedagainstyouinaDUI case to presentthe strongestcase youcan whenit comestime to go to court. Driving with a suspended licenses If youve alreadyhadyourlicense suspendedbecause of aDUI and have beencaughtdrivingagain duringthat suspension,youare likelytoface severe additional penaltiesthatinclude prolonged suspension,heftyfines,andashort jail sentence.Thesepenalties will all be added in addition to the penaltiesfromyourpreviousconvictionthatledtothe suspension.Thisisa devastatingmistakethatcan have huge long-termconsequences. Trying to defend yourself against a DUI charge without a lawyer Simplyput, youhave toomuch on the line whenaDUI charge goesto court to trust yourfuture to anyone otherthana qualified,experiencedDUIlawyeryoutrust.In caseswhere youmade anyof the mistakesabove,youespeciallyneedalawyertokeepthe prosecutionfromtakingadvantage of you duringthe trial. Failing to hire a qualified DUI defense lawyer Notall lawyersare equal.Youneedan experienced DUI lawyertodefendyourcase.One that youcan trust to performthe due diligence youneedtogetthe outcome youdeserve.Whenitcomestime to finda lawyer,make certaintofindone withexperience withFloridaLaw whohasa proventrack record of successful outcomesfortheirclients. Failing to appear in court If you happentoforgetyour court date or somethinghappensthatpreventsyoufromappearingatthe scheduledtime,yourunthe riskof havinga benchwarrantissuedforyourarrest. Anybondsor bail that youhave postedwill be revoked. Thisisone of the worst mistakesapersonbeingchargedwith aDUI can make. Still have questions? Call us at 305-548-5020 for free a consultation