How to Avoid Common Mistakes of DUI Lawyers

The 10 most common mistakes of lawyers in drunken driving cases and How to Avoid Them

Lawyers are educated in law with a wide variety of legal areas and they become experts from practical experience of defending individuals who need legal advice. DUI cases involve a lot of science in addition to understanding governing laws and experience in DUI cases is the most critical thing.

Due to the complexity of DUI cases, it is difficult to consider an attorney who is knowledgeable and experienced in handling such cases and because of the complexity many attorneys make mistakes that may affect the future of defendant.

Counter Mats | Counter Mat

To help and protect yourself from such type of lawyers follow some tips that will help you decide a Good DUI Defense Attorney:

Mistake 1 - Assume that you cannot win the case:

If you talk to a attorney who after taking a look to the facts of your case including the blood alcohol content reading and advises you to plead guilty then it is advisable to avoid that attorney and hire one who takes your case seriously and who is knowledgeable and aggressive enough to fight for your case.

Mistake 2 - Do not fight for license suspension:

One common mistake mostly lawyers do is that they do not contest the hearing of license revocation because they think that they cannot win in that case. But this is wrong that revocation hearing cannot win. They can be won by following some technical rules:

• The sample was taken within two hours.
• The results are under .10 and the retest is low of .08.
• Alcohol antiseptic was used when blood was taken.
• The results are turned off under the OS .12 and 20% or retest.
• The defendant had something in mouth as chewing snuff.
• The defendant was on an Adkins diet.
• The defendant has diabetes.
• The defendant has dentures.
• The defendant works with solvents.

Mistake 3 - Assuming that the Rules of the breathe test were followed:

Every state has rules and regulations related to breathe test given to people suspected of DUI and it is important to follow these rules but many DUI attorneys do not read the rules and regulations of breathe test. The lawyer should know the rules of breath test because there are many methods to exclude the results of breathe test that may help to turn the case but there are some criteria that must be done to omit the results of test. These are:

1. The test operator having a current certification.
2. The machine having a current certification.
3. Calibrating the machine as much as required.
4. Changing the mouthpiece before the test is given.
5. Keeping a record of the temperature of the calibrating solutions in the machine.
6. Keeping a log of the tests.
7. Counting the number of times the calibration solution has been changed.

So to defend properly, a lawyer should get copies of various records, maintenance records and the license or operator certification.

Mistake 4 - Failing to File a Pre-Trial Motion:

A pre-trial motion should be filed and argued in every case, especially if no preliminary hearing was held. Even if the motion is unsuccessful in terms of not achieving the stated goals, i.e. suppression, dismissal, etc., the additional testimony serves to further enhance the record which will be used to limit or impeach the testimony of the officer at trial.

Mistake 5 - Not Personally Checking Out the Arrest Location:

Many lawyers do no visit the arrest location which is very crucial because examining the scene provides an attorney with the intimate knowledge that is necessary to question the arresting officer confidently with respect to wide variety of issues that may be relevant for the case. For example knowing about the presence of pothole or an obstruction in road could help in explaining that the swerving of vehicle was due to impairment of road. Photographs and videos provides with demonstration about the location in front of judge or jury.

Mistake 6 – Failing to question the validity of roadside test:

Hiring an attorney who is not familiar with the phases of Driving under the Influence detection is like playing a game without knowing the rules. The DUI detection phases are taught to police through the international association of Chiefs of Police (IACP) and National Highway Traffic safety administration (NHTSA). The arresting officer almost deviates from the rules at some point between Standardized Field Sobriety Tests and administration of Preliminary Breath test (PBT) during investigation. Hiring an attorney without the knowledge of these processes will allow the mistakes to go unnoticed and also loses an evidence to defend the client.

Mistake 7 - Do not explain the additional penalties that come with a conviction or a plea of guilty:

Suggesting the clients to plead guilty without telling about its consequences is one of the most common mistakes done by DUI lawyers. Telling the consequences is important because they may include license suspension or revocation, involves sentence to jail, fine of significant amount or sometimes may lead to loss of job. So, you must take into account these penalties.

Mistake 8 - Set the client to testify:

Some DUI attorneys think that it is a good idea to put defendant on the stand but they are wrong because the defendant on stand shifts the jury's focus. However, the objective of the defense is to show that the prosecutor's case is not strong to convict the doubt. When the defendant is out on stand the jury is forced to choose between the police officer and defendant and it gives chance to prosecutor to see that defendant is hiding something which in turn makes the case complicated. So, it is better to keep the client off the stand and simply focus on creating a reasonable doubt for the judge or jury.

Mistake 9 - Trying to prove that the officer is lying:

Some DUI lawyers try to prove that the officer is lying to put reasonable doubts in the minds of Jury but doing this is wrong because it is difficult to make the jury believe that the officer is lying. It's better to simply mold the case by saying that the officer is mistaken by giving conclusions.

Mistake 10 – Not consulting a Specialist

Some lawyers who are experts in DUI law say that there is no need to consult a specialist in DUI case. However, this is not so because DUI law is complex and involves a lot of science and an internist cannot do all this. An expert DUI attorney knows how to defend a DUI case, is familiar with the law, and knows what moves to do and when. Thus, it is necessary to Hire Best DUI Attorney you can afford to gain assurance that your case is strong.