It's normal to feel anger and stress following a DUI arrest. For many,
a DUI is their very first experience with criminal charges and even if
it is not, the mere possibility of harsh penalties can be upsetting. Still,
it is important to remain calm and focused during this time, seek proper
counsel, and face your charge with confidence. At
Beckham Solis, Attorneys at Law, we have seen too many DUI defendants make mistakes that end up negatively
affecting their case and putting the best possible outcome of their charges
out of reach. Listed below are the five most common DUI defendant missteps.
Assuming That You Are Guilty
DUIs are unique in that the police need to recover an illegal blood alcohol
concentration reading before making an arrest. The reading is either over
or under the limit—and, for many, this may seem like the definitive
indication of guilt or innocence.
However, this is not always the case. Even if you have blown a
BAC reading over the legal limit, there are many other factors of your case
that need be considered. Reductions and dismissals might be possible based
on elements of the arrest that you are not aware of. The best way to ensure
that you consider every defense option is to contact a proven Miami DUI
defense lawyer to help you evaluate your case.
Not Exercising Your Miranda Rights
When a DUI stop is happening, many suspects feel as if they can talk their
way out of the situation and reason with law enforcement. This does not
work. Continuing to speak to the police officers, especially after your
Miranda Rights have been read, gives the officers more and more opportunity
to catch you in a lie, determine that you are being aggressive, and claim
other behaviors or information that can be admissible against you during
The best legal advice during a DUI stop is to comply with officers. Questioning,
complaining, or resisting in anyway cannot only hurt your DUI case later
in court, but, if extreme enough, can lead to additional criminal charges.
Not Acting Fast Enough
Like most states, Florida has a DUI "
10 Day Rule" concerning an administrative license suspension from the Florida
Department of Highway Safety and Motor Vehicles (DHSMV). Many DUI defendants
do not heed the urgency of this window and instead of fighting their suspension
(or, if it's your first charge, agreeing to a Business Purpose Only
license), end up with DUI penalties even before facing their criminal
Missing your 10 Day Rule window to fight your administrative license suspension
should not have bearing on your criminal case, but being immediately proactive
about your charge can not only ensure that you retain some of your driving
privileges, but also show the judge that you're taking your charges—and
your defense—very seriously.
Driving Without Your License
Unless you have requested an administrative DHSMV hearing within 10 days
of your DUI arrest and successfully appealed to get your license back,
your driving privileges will be affected by your DUI arrest. For many
who are anticipating an even larger suspension from their criminal charge,
it can be tempting to drive regardless of restrictions or a suspension
prior to your trial.
This, however, is highly discouraged. Those who have been issued administrative
suspensions or restrictions need to heed those rulings. Violating these
rulings can lead to further penalties and—if it occurs before your
criminal trial—only demonstrates that you are not responsible with
your driving privileges.
Not Choosing the Proper Representation
Because DUIs are family common, many of those accused received outside
advice about how exactly to handle the charges. Almost everyone has some
connection to a lawyer, a law enforcement member, or even a driver who
has a prior DUI who is ready to give an opinion of what to do.
It can be tempting to accept others' advice about your DUI and accept
that "it's not a big deal." However, the right representation
can make all the difference for your case. That is why it is so essential
to seek out experienced, proven DUI defense that can successfully navigate
your case in ways other lawyers cannot.
If you or loved have been charged with a DUI, then you should contact our
legal team at
Beckham Solis, Attorneys at Law. Our Miami DUI defense lawyers have more than 50 years of combined legal
experience and have secured the best possible outcome for countless DUI
clients in Miami-Dade Country.
Make the right move and contact legal counsel you can trust. Contact Beckham
Solis, Attorneys at Law for a
free consultation today.