The Big Ten

The 10 most common mistakes that people make when arrested for an alcohol related driving offense ….. and how to avoid them:

Down playing the seriousness of the offense: The fact that you are convicted of a crime, regardless of if it’s a drunk driving or bank robbery will be with you the rest of your life. If you are convicted the increase in insurance premiums and court costs will cost you thousands. A drunk driving offense is serious and should be treated as such.
Thinking they can handle it themselves: You need competent representation, if you expect to challenge any part of your drunk driving offense. You need to know when to raise the right defense and at the right time or you can and will lose them.
Waiting too long to hire an attorney: Evidence can be lost, memories can fade and witnesses sometimes disappear. A very winable case can quickly become a loser. If a lawyer is going to be able to do the best job he can for you than you must give him a reasonable amount of time to prepare your case. Waiting to the day before your first scheduled court date can be disastrous if you plan on hiring a lawyer do it as soon after the arrest as possible.
Finding the cheapest attorney you can find: Attorneys need to earn enough to make a living and keep their doors open. Just like any business Attorneys are faced with operating expenses that need to be covered. The prosecutor’s office has vast resources available to it. If you simply hire the lawyer who charges the lowest rate than he will not be able to put in the time needed to prepare your case and give you the best chance at success. The same is true in reverse, just because you hire a lawyer who charges ten times what the average lawyer charges would not mean that you are getting ten times the lawyer. Your line of reasoning should not be: “My lawyer is so good he charged me ten times what the other guys were going to charge me”. You need to find a lawyer who charges a fair rate with a fee that is somewhat predictable not the cheapest one you can find.
Ignoring the issues regarding drivers license revocation: In many cases there are mandatory license sanctions that can go into effect after a drunk driving arrest. You may only have a certain amount of time to respond, if you fail to do so than you lose your chance to challenge it.
Ignoring the Drivers License Sanctions. After a conviction for drunk driving the Michigan Secretary of State will impose drivers license restrictions or possibly a complete revocation or suspension. In Michigan the driver receives a one-year suspension upon conviction of a second alcohol related conviction. If you are arrested while serving that suspension the Secretary of State will double the suspension period and the one-year suspension becomes a two-year. If you get arrested again the suspensions doubled again and it becomes a four year then a eight year suspension then a sixteen year and so on.
Taking the advice of the prosecutor: Keep in mind the prosecutor has a job to do and that is to make sure you get convicted. Many people who do not hire an attorney show up in court and wait for the prosecutor to call their case. The Prosecutor will typically tell them what they are charged with and the defendant will ask them what they should do. The Prosecutor is not there to give you legal advice; in fact he can’t even if he wanted to. The Prosecutor is there to get a conviction he is not going to tell you if their case is weak or if the officer failed to comply with the law. In many situations the Prosecutors first offer for a plea bargain is really no bargain at all, it’s an attempt to get rid of the case with a minimum of time and effort. It’s extremely rare that a case gets dismissed or is pled to a non-alcohol related offense at this stage. You may need to give the judge an opportunity to hear the specifics of your case and rule on any legal challenges that can be raised. If you enter a plea to early than you may be giving up your right to raise any of these issues and make the Prosecution prove his case.
Seeking advice from non-lawyers: Just about anyone knows someone who has been arrested for drunk driving. They have heard their story and pick up bits of information about how the case was handled. Many of these people are quick to offer advice as to what you should do. These people are not lawyers and you should not trust your case to someone who knows a “little bit” about the issues associated with your case. Not only are these people not lawyers with the background and training to adequately advise you but “Anything you say to them can be used against you”
Not Appearing in Court: Often people or afraid of the court system and their gut reaction is to not show up or ignore the situation. This is quite possibly the worst thing you can do. If you fail to appear as directed by the court a warrant for your arrest will be issued and you will forfeit any bond you may have posted. Not only will this cost you money but the next time you are stopped for anything even a minor traffic offense you will immediately be arrested, taken to jail and need to post an additional bond to ensure you appear for your next court date.
Calling numerous attorneys to compile information: No lawyer can give you truly reliable advice unless he is familiar with your case. Simply spending 10 minutes with half a dozen a lawyers on the phone will do you no good at all when it comes to representing yourself in court. You need to have an attorney who is familiar with the facts of your case and who will go to court with you.