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Published On: Thu, Aug 9th, 2018

The seven mistakes that can turn a simple DUI case into a disaster

photo/ jessica45

In the last couple of months, DUI arrests in Denver, Colorado have been increasing in number. Present day statistics show an average of 56.4 arrests per month or 1.9 DWI arrests per day. These numbers are staggering, especially since some of these arrests involve multiple injuries or fatalities. In some of the cases, the person behind the wheel was to blame, but in other cases, the individuals deserve a break.

Several people take psychoactive medication like antidepressants, mood stabilizers and anti-anxiety medications that can impair their driving skills. The FDA advises people on certain medicines like diazepam and methadone to stay away from their cars, but upon pressing need, people often leave their houses and drive themselves to the destination. Law enforcement officials reserve full right to draw blood for tests and restraint the DUI suspect upon non-cooperation. The situation often becomes worse when the person is unable to provide the prescription for the medication they are taking.

Irrespective of the intricacies of the circumstances that found you in the driver’s seat in an inebriated state, there are seven mistakes you should never make.

 

  • Opting for self-representation

 

Entering a court in Denver without an experienced DUI attorney can be your coup de grace. According to the office of the leading Denver DUI Lawyer, the first DWI charge will determine the direction your case will assume as the days pass. In most cases, DUI warrants do not call for an immediate arrest, but in the pre-trial days, you might need to stay under supervision.

 

  • Failure to request Express Content hearing

 

Dealing with a DUI charge in Denver, Colorado can be an extensive and tedious process. You will not just require to appear in court on the given date, but you will also have to respond to the DMV’s inquiry about your stance against the arresting LEO (law enforcement official). Right now, if you are dealing with DUI charges, the Department of Revenue Express Consent has already served you with an affidavit that notifies you of the pending action to revoke your driver’s license. The DREC hearing is a separate administrative process that decides whether the state will suspend your driver’s license for a fixed period or revoke it for good.

 

  • Do not assume the outcome of your case according to your BAC

 

The blood alcohol level (BAC) is only evidence enough for the LEO to arrest you and slap you with a DUI on the spot. However, it is not enough to prove you guilty for all the charges against you. Having a BAC of over 0.8% is not enough to consider a case undefendable. Several factors can influence the decision of the judge and the jury. For example – the credibility of the process, the rate of errors in the outcome of a BAC test, the calibration of the machine used on the spot, the process of drawing blood for analysis and the presence of interference that could affect your BAC results. Only an experienced DUI attorney will know the caveats of a traditional breathalyzer test and be able to defend your cause on the court.

 

  • Not testing your blood from an independent forensic lab

 

The BAC tests that determine the levels of blood alcohol levels on-spot can be erroneous. Not getting a BAC test from an independent forensic lab is wasting an opportunity to defend yourself. When the LEO draws blood from the defendant, he or she should draw two vials of blood. The first vial goes to the lab for testing and the second one can go to the defendant’s laboratory of choosing. In case the second result comes back with a significantly lower BAC, it puts the first test’s results to question. It can strengthen the defendant’s chances of receiving a reduced sentence.  

 

  • Weighing the expertise of an attorney based on the fee only

 

We can understand how difficult it must be for you and your family to deal with the DUI charges. However, that should not influence you to make the lawyer choices based on the expense only. Hiring a specialized DUI lawyer can seem like a costly decision, but finding an expert that can guide you through the quicksand of court proceedings to safety can save you considerable long-term expenses. It is true that the fee of a lawyer is not the indication of their skill, but it is also true that most experienced DUI lawyers in Denver are not cheap.

 

  • Not preparing for the court date

 

Not showing up on time is a serious offense. When there are a bunch of people, who would like to see you pay for taking the wheel in an intoxicated state, the least you can do is not make them wait. During the court sessions, you need to show up on time. The court’s time is precious, and the people’s tax money fund the proceedings. Respecting the appointment time increases your credibility and improves your image in the eyes of the jury. Also, do not forget to pull out your Sunday clothes for the court date. The way you dress, walk and talk will influence your image in court.

 

  • Not knowing about the constitutional Fourth Amendment rights

 

The Fourth Amendment protects the rightful citizens of the US from unreasonable seizures and searches. To stop you, the LEO must have reasonable evidence or doubt that you have violated one or multiple traffic laws. Without a suspicion or a probable cause, no police officer can arrest you. Although it is common knowledge in the court, the DA or the judge will not make the motions on your behalf. You need to raise the move at the correct time to leverage the protection of your constitutional rights. However, having a trained DUI attorney by your side can alleviate this headache, since they can take charge of the proceedings from the very beginning.

No matter where you find yourself on the wrong side of the law, you need the contact details of the right attorney. There is always hope for the people involved in DUI, and a professional DUI attorney knows precisely where to look for it.

Author: Charlie Brown

About the Author

- Outside contributors to the Dispatch are always welcome to offer their unique voices, contradictory opinions or presentation of information not included on the site.

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