FREE EVALUATION

How to avoid the 10 biggest mistakes most people make after being arrested for DWI.

1. Not taking the matter seriously. This is a charge that will follow you for the rest of your life, if you are convicted. The Motor Vehicle Division will keep track of it until you are dead. It has to make sure to take your license away from you for ninety days on your first conviction within five years, one year on your 2nd conviction within five years, and two years on your 3rd conviction within five years. The additional insurance charges alone could cost you thousands of dollars. If your your license is taken away, you have to prepay for an SR-22 endorsement to your policy. Your insurance company must notify the Division in advance, if you do not maintain your insurance. It will also raise your rates based on your conviction.

2. Not hiring an attorney. The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winable case can quickly become a loser.

3. Hiring an attorney based on the amount of the fee alone. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow him to put time and effort into your case to counter the prosecution. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. If you go too low, your attorney will not be able to put in the time necessary to protect you. Look for a reasonable, predictable fee, not the lowest.

4. Not obtaining a temporary license and requesting a hearing at the Motor Vehicle Department within 15 days, if your license was taken when you failed or refused to take an alcohol test. If you do not request a hearing, you will not be able to drive for 90 days to a year and a half. Driving during this time is a serious traffic offense, regardless of whether you need to drive for work or personal reasons.

5. Driving after your license has been suspended. You have no right to drive while under suspension and driving then is more serious an offense than your original charge. If arrested for driving during this time, you may be arersted and have to post a bond just to get out of jail. If convicted, you face a minimum one year suspension of your driving privileges in addition to any suspension you are still serving, plus you would get a fine and could get up to 6 months in jail. After a period of time, you may qualify for a hardship license. You may also get an interlock device, which will enable you to get a restricted license.

6. Not subpeonaing the officer to be present at your motor vehicle hearing. If you do not subpeona the officer's presence, the hearing will be based on the officer's report only and you will not hear how the officer will testify. Many things can be learned at this hearing by your attorney, if the officer is present. If the officer fails to appear or justify what was done, you get your license back.

7. Taking the District Attorney's first offer. The first offer is not a bargain, it's just to get rid of your case with the least amount of work. Very few cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.

8. Fail to appear in Court. The Court will issue an attachment or bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.

9. Talk to anyone but an attorney about your case. Anything you say to them can be used against you.

10. Think that talking to numerous attorneys will help you handle it on your own. You need to have an attorney go to Court with you.