5 DUI Defense Mistakes You Don't Want to Make

DUI cases are serious business. The defense itself is a complex process, and even the slightest misstep can greatly impact the outcome. If you face DUI charges, you’ll want to be prepared.

This blog post outlines the five most common DUI defense mistakes and how they can affect your case.

1. Failure to Challenge DUI Checkpoints

DUI checkpoints are basically police stops where officers look for drivers who may be under the influence of alcohol or drugs.

If an officer stops you at a DUI checkpoint, first ask them if you're free to leave. If the officer says yes, you should calmly and politely decline to answer any questions and drive away. If they say no, politely ask the officer why they want to detain you. If they don't have a good reason, politely ask to speak to a supervisor.

Ask to speak to a lawyer if you still don't feel satisfied. You need to know your rights at DUI checkpoints because if you don't challenge the stop, anything that the officer finds can be used against you in court.

2. Failure to Request a DUI Blood Test

If an officer pulls you over on suspicion of DUI, they will likely ask you to take a breath test. During this test, an officer uses a machine to measure the amount of alcohol in your system.

However, you have the right to decline this test and instead request a DUI blood test. Breath tests are less accurate and can produce false results. Without proper calibration, the machine can register higher levels of alcohol then actually present. DUI blood tests are much more accurate than breath tests. So if you have the option, always request a DUI blood test.

If you do take a DUI blood test, you need to request an independent blood test as well. The police may not always properly store or handle your blood sample, which can lead to inaccurate results. An independent blood test eliminates such margins of error and ensures you get accurate results.

3. Incriminating Yourself Unknowingly

If a cop pulls you over on suspicion of DUI, you need to be polite and cooperative. Follow any instructions the officer gives so you don't give them a reason to arrest you.

However, you should still exercise your rights and decline to answer any questions that could incriminate you. For example, you should decline to answer questions about where you came from or how much you've had to drink. Remember that you have the right to remain silent in situations like this.

Instead, ask to speak to a lawyer. Doing so will ensure that you don't say anything that a prosecutor can use against you in court.

4. Assuming You Have No Defense

Most people who face DUI charges often assume that they have no defense. But just because you've been charged with DUI doesn't mean that you're automatically guilty. In fact, there are several DUI defense strategies your lawyer can use to fight the charges.

For example, if the officer didn't have probable cause to pull you over, then any evidence they collected after the stop won't work against you. Also, if the officer didn't Mirandize you, then anything you said to them won't hold up in court.

Don't cave in to the charges even if you feel you can't fight them. Instead, talk to a qualified lawyer to determine what defenses might be available to you. An experienced DUI lawyer will know how to use these defenses to your advantage and get the best possible outcome for your case.

5. Lying to Your Lawyer

Always be honest with your lawyer about what happened. If you lie to your attorney, they can't properly prepare your defense.

For example, if you tell your lawyer that you only had two drinks when you actually had four, they might not see the need to challenge the accuracy of the breath test. Similarly, if you tell your lawyer you took a DUI blood test when you didn't, they might not realize they need to challenge the arresting officer's failure to Mirandize you.

While withholding information can seem like a way to protect yourself, some things might come up during the investigation to prove you lied to your lawyer. You're better off if you're honest from the start so that your lawyer can adequately prepare your defense. If you lie to them, you only make your case more difficult.

DUI cases are complex, and they require the expertise of a qualified attorney. If you try to defend yourself, you're likely to make one of the mistakes on this list. And if you make even one of these DUI defense mistakes, you can easily lose your case.

Contact us at Hart Law Offices so we can help you avoid these mistakes and give you the best chance to fight DUI charges.