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What are the Top Five Mistakes DUI Defendants Make?

  1. Hiring an Attorney Based on Fee Alone.
    1. The State has almost unlimited resources when it comes to your case. You need to hire an attorney and pay a fee which will allow her to put time and effort into your case to counter the prosecution.
    2. Attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage.
    3. If the fee is too low, the attorney will not be able to put in the time necessary to protect you. They may attempt to get rid of your case as quickly as possible and then move on to the next case.
    4. Look for a reasonable, predictable fee, not the lowest.
  2. Missing Important Deadlines.
    1. Within 7 days of your arrest you MUST request a hearing with the Department of Transportation if you failed the breath/blood test or request a hearing with the Court if your refused to take the breath/blood test. Depending on the facts of your case, you may be able to overturn the license suspension.
    2. Within 28 days of entering your Not Guilty plea, you must file any Motions to Suppress Evidence. The court will extend this timeframe for good cause. If there is legal cause to suppress evidence, the case is often dismissed.
  3. Negotiating with the Prosecutor Yourself.
    1. Prosecutors may seem to be giving you a good deal, but remember, the prosecutor is not trying to help you. The prosecutor is trying to get you to plead guilty.
    2. An offer too good to be true may be an indication that the prosecutor can not prove their case in court.
    3. You may unwittingly give the prosecutor information that actually enhances the penalties or solves their evidence problem.
    4. You may be able to consolidate cases to avoid enhanced penalties.
    5. Prosecutors are highly trained lawyers and you should not speak to them about your case without your lawyer present.
  4. Driving on a suspended license.
    1. When you are arrested for DUI, your license may be suspended by the department of transportation, the civil judge and/or the criminal judge.
    2. Reinstatement fees must be paid on all suspensions before restricted privileges are given.
    3. Restricted privileges must be granted by the same institution that suspended your license.
    4. People are often confused as to which suspensions are in effect and the extent of their privileges to drive. Being confused is not a defense.
    5. If you are caught driving on a DUI suspension, you may face:
      1. Another criminal charge, more jail, more court fees and another license suspension;
      2. Your bond may be revoked;
      3. Your DUI sentence may be harsher;
      4. Probation Violation, revocation of withheld judgment and more jail.
    6. Once you have been pulled over once for a DUI, that information is logged with the police department. Every time a police officer runs your license plate, he will know you were arrested for a DUI and had your license suspended. You can bet on more frequent traffic stops.
  5. Failing to Appear in Court
    1. You will waive your right to a speedy trial.
    2. Your bond will be forfeited
    3. You will be arrested and be required to post a new bond.
About Johnston Law
Johnston Law is committed to defending the rights of the accused and keeping the State’s power in check. The following is a sample of case outcomes in the past twelve months:

  • Malicious Injury to Property – Acquittal
  • Domestic Battery – Acquittal
  • Violation of No Contact Order – Acquittal
  • Felony Intimidation of a Witness – Dismissed
  • DUI: Administrative License Suspension – Vacated


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