Bay Area DUI Law Blog

Biggest Mistakes Made During a DUI Stop

Posted by Amy Morell | Mar 18, 2013 | 2 Comments

Thousands of Californians are arrested on DUI charges every month. Many of them can mitigate and prevent the negative criminal consequences of these charges by hiring a DUI attorney, being proactive, and remaining silent. The following are three major mistakes that drivers make after being pulled over for a DUI:

Volunteering Information

All Americans are protected by the 5th Amendment, which guarantees you the right to remain silent. When pulling you over, a police officer will ask you a series of questions about your alcohol consumption and state of mind. One of the biggest mistakes drivers make is answering these probing inquiries with lengthy explanations. By invoking your 5th Amendment right to remain silent, you avoid incriminating yourself and open the door for a future “not guilty” plea.

Waiting Longer Than 10 Days to Deal with the DMV

California state law places hard deadlines on certain criminal proceedings. Drivers cited for DUI need to know that they only have 10 days to request a hearing with the DMV in order to avoid automatic suspension of their license. A common mistake is waiting too long to contact legal counsel and filing the appropriate paperwork, which results in license suspension.

Not Hiring a Private Attorney

DUI is one of the most common crimes charged in the state of California. Due to its prevalence, many drivers do not hire a DUI defense attorney and face the consequences of a guilty verdict on their own. However, obtaining a lawyer may significantly mitigate the effects of your DUI arrest because your lawyer can negotiate with the city or county prosecutor to lower any criminal sentence. Similarly, an attorney can investigate the circumstances of your arrest and help acquit you of the crime.

San Francisco Bay Area attorney Amy Morell has helped thousands of Californians avoid the negative consequences of their DUI arrests. She will work to negotiate with prosecutors to lower your criminal charges or win a not-guilty verdict. If you have been arrested, contact our office at (877) 366-9440 to schedule a free case evaluation today.

About the Author

Amy Morell

Morell Law Office is 100% devoted to defending people accused of DUI in courts and DMV hearings in the San Francisco Bay Area.

Comments

Co'Tia Black Reply

Posted Apr 10, 2013 at 18:40:16

I was recently arrested for driving under the influence but the case was dismissed, however i received a letter saying the DA may refile. Can this be done?

Amy Morell Reply

Posted Apr 12, 2013 at 09:09:20

Yes, the DA has one year from the date of arrest to file on a misdemeanor charge.

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