California DUI Defense: 10 Fatal Errors That Could Cost You Your Case

California DUI Defense: 10 Fatal Errors That Could Cost You Your Case

Being charged with a DUI can cause irreparable harm to your reputation and possibly your freedom, depending on the details of your case. If convicted, you will be left with a criminal record that will follow you for life. A DUI conviction can affect your social standing, your job opportunities, and even your personal relationships. You should do whatever you can to fight the charges, including recognizing key DUI defense mistakes that could cost you your case.

The most important thing you can do after getting arrested for a DUI is to call a DUI attorney to represent your interests. Seeking help from someone who understands California DUI laws can only benefit you in the long run, especially if they have experience handling DUI cases similar to yours. The right lawyer’s help can make all the difference as you navigate what could end up being a costly and overwhelming legal battle. Be sure to contact a Riverside County DUI lawyer you can rely on as soon as possible.

DUIs are fairly common throughout California. According to the Safe Transportation Research and Education Center (SafeTREC), over 30% of fatal car accidents in California involved a drunk driver. Additionally, the arrest rate for DUIs in California in 2020 was around 357 per 100,000 licensed drivers, according to a 2022 report by the California DMV.

10 Fatal Errors That Could Cost You Your Case

When you are facing potential legal consequences for a DUI, the last thing you want to do is make mistakes that can cost you your case and result in a conviction. With an experienced lawyer’s help, you can recognize potential mistakes and correct them accordingly. Here are 10 fatal errors that could cost you your case:

1. Admitting fault to the wrong person can seriously jeopardize your case: Remember that anything you say to a police officer can be used in court, including any admission of guilt that you may give. Don’t admit to drinking, don’t volunteer information, and don’t accept responsibility for any accidents. Exercise your right to remain silent.
2. If you fail to request a hearing from the California DMV within 10 days of your arrest, your driver’s license will automatically be suspended. Contact a lawyer immediately after your arrest, and they can request a hearing on your behalf.
3. The worst mistake you can make is hiring a defense lawyer who is unqualified or inexperienced: California DUI law can be complex, and hiring the right lawyer is vital to your case’s success. Find a lawyer you feel comfortable with and that you can trust.
4. Don’t forget that you are basically fighting two battles:  With the criminal case you’re fighting in court and the administrative hearing with the DMV to preserve your driver’s license. Even if you win your criminal case, you could still lose your license if you don’t properly address the DMV hearing.
5. You don’t want to assume your own guilt and stop fighting: Many people who are arrested for a DUI just assume that their case is over and there’s no way to fight it. That’s not the case. The right defense strategy can make a difference. Your lawyer can challenge the legality of the stop or even question the field sobriety test results.
6. Don’t plead guilty on a whim or accept the prosecution’s first offer: Your case may be stronger than you think. Let your lawyer advocate for you and advise you on the wise course of action.
7. Don’t refuse a chemical test after your arrest: You can legally refuse a preliminary alcohol screening (PAS) test at the scene, but refusing a blood or breath test after arrest can result in immediate penalties. It’s not worth the hassle.
8. Don’t neglect to document everything: The more information you can recall about the arrest, the higher the chance of winning your case.
9. Don’t forget about challenging the legitimacy of chemical test results: Evidence can be contaminated in many different ways. No test is completely infallible.
10. Finally, don’t fail to appear in court: After all the preparation you make for your case, you can lose any chance of success if you simply miss your court date.

Should You Hire a DUI Lawyer?

Yes, you should hire a DUI lawyer to represent your interests. You don’t want to face a seasoned prosecutor without legal help of your own. Daniel P. Flores has helped thousands of clients dealing with their own DUI cases, and he’s even certified to administer field sobriety tests. He knows how to help clients through DUI cases and what it takes to win them, and he can provide you with his focused knowledge.

FAQs About California DUI Defense Law

What Is the Ideal Scenario for a DUI in California?

The ideal scenario for a DUI in California is to build such a strong, airtight case that all charges against you are simply dismissed, leading to no jail time or even a fine. This outcome is achievable, but it will take work, dedication, and a strong legal defense. A good lawyer can help you work towards a dismissal.

What Is the 10-Day Rule for DUI in California?

The 10-day rule refers to the amount of time you have after a DUI to schedule an administrative hearing with the DMV to avoid losing your driver’s license. If you fail to request a hearing, your license will automatically be suspended. This is completely different from your criminal trial, so be sure to remember it.

Should I Hire a DUI Lawyer?

Yes, you should hire a DUI lawyer. DUI laws are not always as straightforward as they may appear. If you don’t take the time to prepare a strong defense with a lawyer’s help, there’s a chance you could end up facing severe and irreparable damage to your reputation and freedom.

How Can I Beat a DUI Charge in California?

There are many possible ways to beat a DUI charge in California. The most important thing you can do is hire a defense lawyer and start building a strategy that challenges the prosecution’s entire case. You may want to question the legality of the traffic stop or even question the accuracy of the breathalyzer results.

Contact Us Today

At The Law Office of Daniel P. Flores, we can help you figure out your next steps in your DUI case. Contact us to speak to a valued member of our legal team today.

California DUI Defense Law Resources:

• What Is the Average DUI Sentence in California?
• How Long After a DUI Can You Get a CDL in California?
• What Is the Most Common Sentence for a DUI in California?
• California DUI Laws and Penalties