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Common Errors in DUI Cases: How to Avoid Mistakes and Improve Your Defense

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Posted By McAdams Law | October 31 2022 | DUI, DWAI

Regarding a DUI case, it’s the state’s responsibility to bring a rock-solid case against you. Your legal team’s goal is to mitigate as many potential pitfalls in your defense as possible – and that means not falling prey to common mistakes when preparing for your day in court. 

Before you’re expected to show up to your court date, know these common mistakes many defendants experience in a DUI case. 

Common Mistakes

There are some fairly common missteps that many defendants make. Here’s what you can do to avoid them. 

Sharing Too Much with the Police

While the 5th and 6th Amendments protect you from self-incrimination, you must be careful what you say to the authorities. When the police read your Miranda rights, they state that “what you say can be used against you in a court of law” – and they mean it.

How to Avoid This: You have the right to remain silent and request an attorney, as guaranteed by Supreme Court Case Miranda v. Arizona (1966) and the Constitution. You do not have to answer any police questioning without your lawyer present.

Calmly and clearly state, “I am invoking my right to consult my attorney.” Insist on not speaking unless your lawyer is there.

Pleading Guilty 

Anything can be perceived as an admission of guilt, including apologies and admitting to drinking “a little bit.” Even if you think you are guilty, do not tell the authorities this. Pleading guilty takes away the opportunity for your legal team to investigate your case and find police errors that could result in it being dismissed. 

How to Avoid This: Do not admit fault in your case, implicitly or explicitly. 

Driving on a Suspended License 

If you are found to be driving on a suspended license, the judge will likely revoke your bond and put you in jail. This is, of course, if you do not have a temporary driving permit or hardship license.

How to Avoid This:  It is not worth your long-term freedom to drive on a suspended license.

You will have to either apply for the hardship license or make other travel arrangements. Working with a Greeley license reinstatement lawyer can help you get your license back quicker. 

Taking the First Deal Offered by the Prosecution

Taking the prosecution’s first deal means your case cannot be dismissed, you be found not guilty, or your charges reduced. Your legal team will likely advise you to hold out for a better deal, even if the prosecution says it is “a limited-time offer.” 

How to Avoid This: Patience is key in legal matters. The District Attorneys prosecuting your case are counting on you being overwhelmed, confused, and impatient. Don’t play into the trap by taking the first deal.

Lying to Your Legal Team

We understand that being charged with driving under the influence can be a source of shame. However, that is no reason to conceal things from your legal team. The only way you can be defended to the best of their ability is if they’re working with all the knowledge in your case. 

How to Avoid This: Be completely transparent with the Greeley DUI defense lawyers in charge of your defense. Tell your whole story honestly and provide them as much documentation as possible. They are bound to Attorney-Client privilege unless you waive your right to it.


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