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Blunders to Avoid when Facing a DUI Indictment

10.11.2012 · Posted in Legal
Driving under the influence is treated as a serious crime in every state in the country. Many people are ill equipped to deal with the legal ramifications that can stem from a conviction. There are certain mistakes that anyone charged with a DUI should make an effort to avoid. ...
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Driving under the influence is treated as a serious crime in every state in the country. Many people are ill equipped to deal with the legal ramifications that can stem from a conviction. These consequences are in many cases extremely harsh, but it isn’t hard for a person to make these penalties even worse. There are certain mistakes that anyone charged with a DUI should make an effort to avoid.

Not Contesting a License Suspension: This is one of the biggest common mistakes people make. The motor vehicle department of each state automatically suspends a person’s license when they receive a DUI charge. It turns out, however, that the license suspension is completely separate from the criminal charges. A state’s motor vehicle department usually allows one to two weeks for a person to contest their suspension and show it is unjustified. The appeal process isn’t as difficult as most may believe, and a decent lawyer can usually have the suspension easily overturned.

Refusing a Breathalyzer: Some people believe that they cannot be convicted of a DUI if they do not blow into a breathalyzer, but this is simply untrue. A prosecutor will not need breathalyzer results in order to obtain a conviction. In fact, there are several states that view a refusal as evidence of DUI. Refusing the breathalyzer will not help under any circumstances. A person who refuses a breathalyzer will usually have a longer license suspension than a person who fails it.

Driving Under a Suspended License: Driving with a suspended license will in all likelihood make a person’s situation even worse. This infraction will cause a person to be charged with a new crime that can bring jail time with it. States will also extend the initial suspension period thus putting another burden on the accused. This is one of the many mistakes a person can make that will put them in a worse situation than they were in initially.

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