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10 Important
things
you must do to screw up your DWI case
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Treat this like a traffic ticket.
This charge is serious, treat it that way. A
DWI conviction can result in over $8000.00
fines and penalties not to mention the
consequences of losing your license and
possibly even jail time. The punishment
range for a first time DWI is up to 180 days
in jail. While a traffic ticket can only
result in a fine and increased insurance.
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Wait to hire an attorney.
Hiring an attorney in a timely manner is
important. First, you have 15 days to
request an administrative license revocation
hearing (ALR). Requesting an ALR on time can
help you receive important documents from
the Department of Public Safety regarding
your case. It gives you an
opportunity to pin the officer down on
important elements regarding your case.
Hiring a qualified attorney as soon as
possible is also important because memories
sometimes diminish. Furthermore, many times
defenses that deal with medical issues
requires more time to obtain evidence.
Waiting too long to hire an attorney can
make a good case become a loser.
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Hiring an attorney based only on the fee.
The State has unlimited resources and
experienced officers who are trained to
testify in these types of cases. You need an
attorney who charges a fee which allows him
to put time and effort in order to
successfully challenge the prosecution's
case. Lawyers, who routinely charge too
little, must take on a larger number of
cases at smaller fees in order to keep their
doors open. Many times, those attorneys who
have a large volume of cases are "spread too
thin" and can not spend the time required to
present a successful defense to your case.
Look for a reasonable, predictable fee, not
the cheapest. Attorney's who only charge
100.00 to 200.00 for representation are not
serious about getting a successful result in
your case.
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Not abiding the driver's license laws.
You could lose your privilege to drive.
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Drive after the time your license has
been revoked.
This is a great way to get charged with a
new offense when your DWI case is pending.
Being charged with a new offense can get
your bond revoked and you being placed in
jail.
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Not
exploring all of your constitutional
issues in your case.
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Taking first offer the prosecutor makes.
Taking the first offer is not smart it's
just a way to end your case with the least
amount of work. Few cases are dismissed or
reduced to a non-alcohol charge at this
stage before a proper investigation of the
case can be done. Without a proper
investigation you risk losing certain
constitutional challenges you may have. A
good case can become a loser by accepting a
deal too soon.
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Miss your court date.
The Court will issue a warrant for your
arrest and revoke your bond. This is not a
traffic ticket don't treat it like one. The
next time you are stopped for a traffic
violation, you will spend some time in jail
and have to post a bond for your future
appearances.
-
Talk to a prosecutor or the law
enforcement officer about your case.
Some people believe that officers and
prosecutors can be reasoned with, without
the help or advice of an attorney. BIG
MISTAKE!!!!!!!!!! First, anything you say
can be used against you in a court of law. I
can not tell you how many times a defendant
or a parent of a defendant without
experience in DWI law says the wrong thing
because they believe a rational explanation
can absolve them. For example I have had
people who call me who can't understand why
the state won't dismiss the case once they
tell the prosecutor they had a valid medical
prescription. (Click here for details.) What
often happens is they make statements, which
end up making their case worse.
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Not Hiring a DWI ATTORNEY.
Many people believe that any attorney can
handle a DWI. WRONG! Only a DWI attorney is
qualified to handle the detailed scientific
and technical knowledge that surrounds a DWI
conviction. If you would not have a heart
surgeon perform brain surgery, then why
would you hire a family lawyer to handle a
DWI.
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