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Common Mistakes Made During a DUI Arrest and Trial 

Posted on in DUI Defense

Common Mistakes Made During a DUI Arrest and Trial No one likes being pulled over. When those lights turn on behind your vehicle, it is common to lose your composure. Yet it is important to understand that the decisions you make during your traffic stop can dramatically impact your case. If you are ultimately charged with a DUI, the decisions you make throughout the legal proceedings can alter the likelihood of a conviction. Below, we will examine some of the most common mistakes made during both DUI arrests and throughout the subsequent legal proceedings.  

Forgetting Your Rights

While many people assume that the most seamless way to navigate a DUI stop is through complete and total cooperation with law enforcement, that is not always the case. Obviously, if you have not consumed any amount of alcohol, you can expedite the traffic stop through cooperation. In other cases though, it may be important for you to exercise your rights. For instance, if a police officer is asking you questions regarding the amount of alcohol you have consumed, you have no legal obligation to answer them if you believe it might incriminate you. 

If a police officer requests that you take part in chemical testing at some point throughout the arrest proceedings, you are not legally obliged to submit yourself to testing. While refusing to submit to chemical testing is an administrative offense that will result in temporary loss of driving privileges, it is not a criminal act and will therefore not be seen on your permanent record. 

Work With Your Attorney

After being arrested on DUI charges, many people make the mistake of believing that a conviction is simply a foregone conclusion. Due to the drastic implications of a DUI, it is important to do whatever you can to avoid a conviction. The first and most important step you can take is hiring a quality attorney. Once you have a knowledgeable attorney behind you, it is paramount for you to work by their side as you navigate the trial process together. Help them to fully understand the events that led up to and followed the traffic stop. For instance: 

  • If the police officer pulled your vehicle over for no reason at all, your attorney may be able to have the charges dropped due to the fact that you were unlawfully seized; or 
  • If an officer neglected to read you your Miranda rights after you were taken into police custody, any incriminating statements you made cannot be used as evidence against you.

Your attorney needs your cooperation in order to establish the best possible case for having charges dropped or diminished. Failure to work with your attorney can be a costly mistake.  

Contact a DuPage County DUI Defense Lawyer

At McMahon Law Offices, we fully understand how flustered a person can become throughout the legal proceedings of a DUI charge. A DUI conviction can result in license revocation, significant fines, and in some cases even jail time. Fortunately, we are here to help. If you are facing DUI charges, you deserve the best and brightest legal minds representing your best interest. We are confident in our ability to help you and your family secure the best possible legal outcome. To schedule a complimentary consultation with an experienced DuPage County DUI defense attorney, call us today at 630-953-4400. 

Sources

https://www.cyberdriveillinois.com/publications/pdf_publications/dsd_a118.pdf

DuPage County Bar Association Top 100 Illinois State Bar Association AVVO Rating Illinois Prosecutors Bar Association AVVO Reviews
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