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Common Mistakes DUI Defendants Make After Being Arrested


After being arrested for DUI in Florida, defendants are prone to make several mistakes. Some mistakes involve failing to take action promptly, while others involve taking the wrong actions. Since some mistakes can make a conviction more likely, and others can make you lose your driver’s license, it is vital that after a DUI arrest, you respond appropriately and promptly to protect your privileges and rights.

Below are the four biggest mistakes defendants make after a DUI arrest. Avoid these mistakes at all costs.

Failing To Exercise One’s Miranda Rights

After an officer arrests you for DUI, they will read to you your Miranda rights first if they intend to arrest you. The first statement of the Miranda rights states, “you have the right to remain silent.” In most cases, especially if you feel scared and confused, it is best to exercise this first line of your Miranda rights. Most defendants only end up being caught in a lie or providing incriminating statements to police officers when they try to talk their way out of a DUI arrest. As long as you comply with the officer, you do not have to say anything after an arrest.

Assuming Guilt

A blood alcohol concentration (BAC) test reading of 0.08 and above is considered above the legally allowed limit in Florida. However, even if your BAC reading turns out to be above the legally permitted limit, you should not automatically assume you are guilty and cannot win the case. Before you are convicted of DUI, other factors need to be considered. For example, did the police officer follow the law when stopping you? The legality of a stop and other factors can affect the admissibility of BAC test results. Therefore, allow your attorney to explain to you these factors and help you build a strong defense.

Failing To Hire a Qualified DUI Defense Attorney

Defendants go wrong when it comes to hiring attorneys after being arrested for DUI in two significant ways. First, a defendant might fail to hire an attorney and choose to defend themselves to save costs. Defending yourself is risky and not a good idea, especially if you don’t understand DUI laws.

Second, a defendant might hire an unqualified lawyer to represent them. A defendant might do so for many reasons. For example, they might choose to hire such a lawyer because they are friends. If the friend you want to hire is not experienced, avoid hiring them. You should only hire a qualified attorney with a good reputation.

Not Requesting a Hearing Within Ten Days of The DUI Arrest

After law enforcers suspend your license following a BAC test or refusal to take a BAC test, you have ten days to request an Administrative Hearing and save your license. Unfortunately, many people fail to act because they are unaware of this 10-day rule. Missing this 10-day rule might not affect your criminal case, but it will affect your driving privileges.

Let Joyce A. Julian, P.A. Help You With Your DUI Case

If you or your loved one is currently facing a DUI charge, you need to begin working with an experienced Fort Lauderdale criminal lawyer as soon as possible to ensure you protect your rights. Contact the attorneys at Joyce A. Julian today at 954-467-6656 to schedule a consultation.





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