Common Mistakes People Make
After Being Arrested for DWI, DUI or Refusal.

We are often approached by perspective clients seeking a criminal defense attorney to handle their drinking and driving charges and it is evident that they have already made mistakes with respect to their handling of the case. The following is a summary of the more common mistakes that we hear in discussions of New York DWI, DUI or Refusal offense after being arrested in Manhattan, Brooklyn, Queens, Bronx, Staten Island, Nassau County or Suuffolk County, New York:

1. Not taking the matter seriously.
   
   This is a charge that will follow you for the rest of your life, if you are convicted. The additional insurance charges alone could cost you thousands of dollars.

2. I Should Simply Plead Guility.
   
   The reality is that a DWI, DUI or Refusal conviction in New Jersey carries significant penalties and ramifications which will be felt by an individual for many years if he or she simply pleads guilty. It is foolish to assume that there is no chance of success in a drunk driving case yet we are repeatedly faced with this common mistake. Indeed, if there was nothing that could be accomplished by an attorney in a New Jersey driving while intoxicated, driving while under the influence or refusal case, why then does almost every Municipal Court Judge encourage defendants to retain a defense attorney at the time of arraignment? The reason is that there are, in fact, many defenses to drinking and driving charges but an individual will never have the advantage of utilizing those defenses unless they consult a knowledgeable attorney.

3. I Can Handle the Case on My Own.
   
   We routinely receive telephone calls and conduct consultations wherein it is apparent that the individual on the other side of the table is simply trying to extract as much legal advice as possible because they intend on defending their DWI, DUI or Refusal case on their own. This is disheartening as the honest truth is that most lay persons will have extreme difficulty in even obtaining discovery from the police department. I cannot tell you how many times potential clients have told me that they tried to obtain discovery (e.g. the results of the blood or breathalyzer test) and were told by the police department that the records could only be obtained by an attorney. Irrespective of whether or not this response from the police is proper, it is the norm. It would be extraordinarily difficult to overcome the more technical issues and hurdles which exist in this regard and, more importantly, to do so in a manner in which a genuine drunk driving defense is not compromised.
   

4. Not hiring a New York DWI Lawyer.
   
   The law is complex and you need competent representation. You must raise the right defenses at the right time or you will lose them. Facts will disappear, memories fade and witnesses vanish. A winnable case can quickly become a loser.
   

5. Hiring a New York DWI lawyer based on the amount of the fee alone.
   
   The State has almost unlimited resources when it comes to your drunk driving case. You need to hire a New York DWI lawyer and pay a fee which will allow him to put time and effort into your case to counter the prosecution. DWI, DUI defense attorneys must earn enough in the time they spend on your case in order to keep their doors open and make a living wage. Attorneys are not widgets and each and every attorney's experience and ability in handling a New York DWI, DUI or Refusal offense is different. Legal fees are predicated on the amount of time which an attorney anticipates committing to a case and the hourly rate he is seeking. If you go too low, your DWI, DUI defense attorney will not be able to put in the time necessary to protect you. If an attorney is the cheapest, that is not always a good reflection on the amount of time he intends on investing in a case or, alternatively, the preceived value of his services. We believe that price should be one of several criteria in selecting the appropriate attorney
   

6. Not complying with driver's license laws.
   
   You could lose your right to drive.
   

7. Driving after your license has been taken away.
   
   You get caught - you are in even more trouble - and in jail.

8. Not taking full advantage of your constitutional rights.

9. I Already Spoke to the Prosecutor Myself.
   
   This is an extremely bad idea under any circumstance. While honesty is a virtue, your volunteering of facts when speaking to the prosecutor may foreclose a defense which you possess in the case as it is the prosecutor's burden to prove a particular fact and a negative inference cannot be drawn from your silence (i.e. you cannot be found guilty because you did not speak up). In other words, your own words, which you have no obligation to volunteer nor will they typically assist you on your own, may very well make the prosecutor's case on a New Jersey DWI, DUI or Refusal Case. It is always an extremely scary proposition when a potential client comes to my office and tells me that he or she already spoke to the prosecutor.
   

10. Taking the prosecutor's first offer.
    
    The first offer is not a bargain, it's just to get rid of your DWI, DUI case with the least amount of work. Very few DWI, DUI cases are dismissed or reduced to a non-alcohol charge at this stage. You do not give the judge an opportunity to rule on constitutional challenges. You give up your right to raise these issues and make the State prove it's case.
    

11. Fail to appear in Court.
    
    The Court will issue a bench warrant for your arrest and revoke any bond. The next time you are stopped for a traffic infraction, you will be spending some time in jail and posting a bond for your future appearances.
    

12. Talking to anyone but a New York DWI lawyer about your drunk driving case.
    
    Anything you say to them can be used against you.
    

13. Think that talking to numerous DWI, DUI defense attorneys will help you handle it on your own.
    
    You need to have a New York DWI lawyer go to Court with you.

14. I Talked to Someone Other than an Attorney for Advice.
    
    People do not realize that each and every case involves a different set of facts and can even involve different law. Accordingly, the pivitol issue is how do your facts and law apply. The best way to determine the answer(s) is a review of the facts and application of the current law (i.e. the law can change) by a knowledgeable attorney.

Call us right away at 718-596-4800 to make sure that every right and defense available to you is not lost by delaying or mistakes you might make at this very stressful time.

There is no cost or obligation for a consultation with NY DWI Attorney Estelle Roond.
For immediate assistance, call 718-596-4800. You can e-mail Estelle@dwilawyer.com,
or click here for our Free DWI Consultation Form to submit to our office.