Common Mistakes in DWI Cases

There are a number of mistakes people make in cases where a driving while intoxicated charge is involved. Those mistakes can fall into three categories:

Client’s Mistakes

Police Mistakes

Lawyer Mistakes

Client Mistakes

One of the first mistakes people make when pulled over for a traffic stop is telling the officer things that support the officer believing they are operating under the influence. You have a right to remain silent and not incriminate yourself! However, the police do not have to tell you this right until you are arrested/ in custody and they start to interrogate you.

If the Police ask you if you had anything to drink, it will not help you by answering yes. You can either ignore their question or politely refuse to answer.

After the police think you have been drinking, they will probably politely ask you if you would mind stepping out of the car to perform a few tests. These field sobriety tests are optional! Again, it is probably best if you do not do them. Even if you think you will pass every test, the Officer will be the one deciding if you pass or fail. Some of the tests are very subjective, and often the police will not even administer the tests correctly.

If you have any questions about whether you should give information or do any tests, it may be best to get the advice of a lawyer, if possible. For a free consultation, you may call Attorney Hynes at (603) 674 – 5183. Don’t let the last mistake you make be not hiring a DWI lawyer who can help you keep your license and remain not guilty!

Police Mistakes

While most police are generally honest, that does not mean they are infallible. Their training has taught them to look for signs of driving while intoxicated, and if they notice anything that they think is a sign, they will likely make note of it and use to to try and prove you are guilty of DUI. A good DWI lawyer will be able to question the police on what they observed, and be able to submit evidence on your behalf to show anything the officer saw is not a sign that you operated a motor vehicle with your ability impaired due to alcohol or drugs.

Field Sobriety Tests are often the most harmful evidence the police think they have in a certain case. However, these tests are complicated, and there are strict guidelines the officer must follow to properly administer the tests. Many times, the officer will not do the test per the book. A good DUI lawyer will easily notice these problems and impeach the officer by showing the client did not commit DWI.

Lawyer Mistakes

Lawyers can also make mistakes in DWI cases. The first mistake is likely to not contest the Administrative license suspension hearing (ALS) hearing. If you do not request a hearing within 30 days after being notified you refused a breath.blood test, or provided a sample over .08, you will lose your license automatically for either 6 months or 2 years.

Another common lawyer mistake is to advise the Client that he was able to get a plea for the minimum loss of license. The real minimum is 0 months and being found not guilty. While it may be best in your case to accept a plea, in many cases it is worth going to trial. Especially if a plea will make you a habitual offender, where you are subject to license loss for an additional 1 – 5 years.

Hiring a lawyer who focuses on DWI cases can make a difference. Attorney Hynes is devoted to drunk driving defense, and has the experience necessary to help you minimize a license loss.