Below are 5 facts about DUI cases you probably didn’t know, and they can make or break your chances of beating a DUI accusation or reducing your sentence or penalties.
1. You Need an Attorney – Don’t Try to Get By Without One
Do not try and get by without an attorney. First, you simply lack the experience to properly defend yourself in a court of law – especially for something this serious.
You don’t know the necessary deadlines for paperwork, what items to contest, or how. Attorneys have spent years reviewing the complexity of such cases. Attorneys also have access to resources like documents, books, and peer group forensic alcohol studies and treatises as well as professional connections that you don’t.
Also, it’s important to note that this process is incredibly time-consuming, so even if you had the same level of experience and access to the information you might not have the time, let alone the assistance of a full team to help – all while still living your daily life.
2. DUI Can Lead to Prison Time, Fines, Felonies, & More…
Penalties can include things like jail time, prison time, and court fines as well as a suspension of your driver’s license. This is really contingent upon your record, especially if you’ve already had a DUI conviction and the circumstances of the case. There are 7 misdemeanor DUI offenses in the state of California that you could be charged with based on your blood alcohol content, and what other traffic charges you amassed concurrently.
Each case is different. More than likely what will happen is this:
- First, DUI triggers a appearances in the criminal court system.
- Second, it triggers a California DMV license suspension
Both of these things have to be dealt with separately.
Again, a qualified attorney can ensure that you have representation not just for the case presented to a judge, but also for the case that’s reviewed by the DMV.
3. You Can Fight DUI Cases & Win
Just because you were arrested and charged with driving under the influence doesn’t mean that you will be convicted. There are plenty of loopholes that exist in the DUI world, especially when it comes to the type of testing that was used. Plenty of flaws exist with things like field sobriety tests and there are a number of reasons why your blood alcohol test might falsely test positive, even if you weren’t under the influence.
A qualified attorney knows these loopholes and they can help you with your case by reviewing these tests administered, the chain of evidence, and similar factors to find areas where things may have been done incorrectly.
Similarly, even with a blood test if the chemicals aren’t properly mixed in the vial before drawing blood or the blood sample with a properly handled by a lab technician it can call into question the validity of the results.
Read More: Can You Fight a DUI, Even With a Failed Blood Test?
4. Knowing What to Say & What Not to Say is Essential
Knowing what to say and what not to say is truly essential. If you get pulled over especially at night or early in the morning, chances are the officer thinks that you probably are under the influence.
They seem friendly enough when asking questions like, “have you been drinking tonight?” and many people make the mistake of answering in the affirmative, often to downplay how much they’ve consumed under the auspices that admitting it’s only had one or two beers will work out in your favor.
This simply isn’t true. Now that doesn’t mean that you should lie. What it means is you should not answer these questions without having an attorney present. You can say something like, “if not free to go, I want an attorney.”
Refusing to answer certain questions is something that needs to be done with the proper amount of respect. You don’t want to retort that you wish to speak to your attorney in a belligerent fashion.
Read More: 10 Mistakes to Avoid in Your California DUI Case
5. You Are Not Required by Law to Take the Field Sobriety Tests
Along the same lines, it’s important to know that you are not required by law to take a field sobriety test. If you get pulled over and you are asked to submit to a field sobriety test (if you think you are guilty), it may be in your best interest to refuse the test in the field and instead submit to a blood test at thehospital. (Blood tests are easier to attack than breath tests with a great attorney).
Understand that there are a lot of problems with field sobriety tests and many of them can contribute to a false impression of probable cause to arrest. It’s in your best interest to have a blood test done.
This will work out in your favor in that it gives you a better test to attack. It may also buy you more time which can metabolize some ethanol from your body.
Read More: Do I Have to Take a Field Sobriety Test in California?
Accused of DUI in California? Work With One of the Best DUI Lawyers in Los Angeles.
When it comes to DUI Defense, you need to know that you are working with a legal team that has the experiences and resources to help you improve your chances of reducing your charges as much as possible.
With over 47 years of experience, Jon Bryant Artz is considered one of the Best Los Angeles DUI Lawyers and has been for well over a decade. He has helped thousands of people to reduce or fight their charges throughout his career, saving them millions of dollars and years in jail time.
Don’t leave your legal fate up to chance, work with a highly distinguished professional who has more experience than just about anyone out there.
Contact Jon Artz today to set up a free case evaluation to learn more about what steps you can take next, and what your possible outcomes are. With over 10,000 cases under his belt, Jon has the resources and experience needed to make a huge difference in your case.
