Being arrested for a DUI can be overwhelming, and it’s natural to feel panicked or unsure of what to do next. But in these critical moments, the choices you make can directly impact the outcome of your case. By staying informed and avoiding common missteps, you give yourself a much better chance at a positive resolution. Whether you’re currently facing charges or want to be prepared just in case, here are eight crucial mistakes to avoid after a DUI arrest.
Confessing and Making Incriminating Statements
After a traffic stop, many individuals mistakenly speak freely to a police officer, unaware their words can become evidence. Any self-incriminating statements can be used to support a criminal charge.
Further, speaking without a DUI lawyer present can complicate the legal process and compromise a solid defense. It’s always best to wait for an attorney before answering questions, as anything said may later influence the prosecutor’s case during trial.
Refusing to Take a Breathalyzer Test
Refusing a breathalyzer test may seem like a way to avoid a DUI conviction, but under implied consent laws, this decision often leads to automatic license suspension. Law enforcement may still arrest someone based on probable cause and proceed with a criminal investigation. This refusal might also be introduced in court as an indication of guilt.
Believing the Test Results Are Always Accurate
Many drivers mistakenly assume that breath or blood test results are irrefutable despite potential equipment errors or improper administration. Factors like recent use of mouthwash or medical conditions can distort blood alcohol content readings.
However, accurate interpretation of the test data requires the knowledge of an experienced attorney familiar with criminal law and sobriety protocols. A skilled DUI attorney may challenge the validity of such results through a motion to suppress evidence.
Failing to Appear at Hearings and Court
Missing a scheduled arraignment or court date can lead to a bench warrant and additional legal trouble. The judge may interpret the absence as a sign of disregard for the law, which can negatively affect the final sentence. It can also compromise the defense’s ability to present critical information or cross-examine a witness.
Making Social Media Posts About Your Case
Posting about a DUI arrest on social media can unintentionally damage your defense by revealing details the prosecutor might later use. Anything shared publicly may be introduced as evidence to establish behavior patterns or intent. As such, you should avoid discussing legal matters online and let your DUI defense attorneys handle communications with the court and law offices.
Drinking and Driving
It may seem obvious, but continuing to drink and drive after a DUI charge can demonstrate a lack of remorse or responsibility. Any new incident involving alcohol and driving may lead to felony charges or allegations of assault if an injury or accident occurs.
Moreover, a second offense can trigger harsher penalties like the mandatory use of an ignition interlock device. Rebuilding credibility with a judge and police requires careful conduct and abstaining from risky behavior.
Not Understanding the Consequences
Failing to grasp the full scope of penalties from a DUI arrest can lead to poor decisions that worsen the outcome. Consequences may include loss of driving privileges, expensive insurance increases, and other issues.
Going to Court Without a DUI Attorney
Choosing to represent yourself without any help may result in an unfavorable sentence or unnecessary admission of guilt. Walking into court without a qualified DUI attorney leaves you vulnerable to aggressive tactics by the prosecutor.
A skilled attorney can negotiate a favorable plea bargain, file motions, and challenge the legality of the traffic ticket or traffic stop. Legal expertise is essential in cases involving criminal law, blood alcohol content disputes, or questions of reasonable doubt.
Reach Out to Zapicchi & Liller LLP to Speak With Experienced DUI Attorneys
If you ever need assistance from experienced DUI lawyers in New Jersey, know that the attorneys at Zapicchi & Liller LLP are here to support you. Contact us today to schedule a consultation and speak with our lawyers about your case.