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The Top Mistakes DUI Defendants Make

After being arrested for DUI, there is often a mix of emotions from anger and stress to worry and frustration. For many, this is the first experience they have ever had with criminal charges, and even when it is not, just the thought of the significant penalties can be quite upsetting.  During this time, it is easy to get overwhelmed; however, it is also important to remain focused and calm. You should also contact an attorney for help with your situation.  Along with providing legal advice and representation, an attorney can help you avoid some of the most common mistakes individuals charged with DUI make, which can be found below.

Assuming Your Guilt

DUIs are unique when it comes to criminal charges. The police need to prove an illegal blood alcohol concentration before they arrest you. This reading will be either under or over the limit – and for many, it may seem like an undeniable indication of innocence or guilt.

However, this is not always the case. Even if you have a BAC reading that is over 0.08 (which is the legal limit) there are other factors to consider. Sometimes, a reduction in charges or complete dismissal of the charges could be possible. To ensure you know all defense options you have, you should contact a DUI attorney.

Not Taking the Situation Seriously

If you are convicted of DUI, it is something that will follow you for the rest of your life. In Kansas for a first offense, you may face 48 hours to six months in jail, fines of up to $1,000, license suspension for 30 days, and the requirement to use an ignition interlock device for 180 days.

Not Knowing or Exercising Your Miranda Rights

When you are pulled over for DUI, you may believe you can talk your way out of the situation and reason with the police. This never works. If you keep talking, especially after you are read your Miranda Rights, the police have more and more opportunities to catch you in a lie, assume you are being aggressive, or claim other issues. Also, any information you reveal can be admissible when you go to court.

The best advice you can get when being pulled over for DUI is to remain compliant with the police. Resisting, complaining, or questioning what they are doing may wind up hurting your case later. If it is severe, it can also cause additional criminal charges.

Driving with a Suspended License

When you are charged with DUI, you may eventually have your license suspended. If this occurs, you should never get behind the wheel while your license is still suspended. In 45 to 90 days, you may be able to apply for a restricted license, but this is something you can discuss with your attorney.

Not Hiring a DUI Attorney

When you are facing DUI charges, you may be tempted to handle the case on your own. However, this is rarely a smart move. A better option is to hire an experienced attorney who understands the law and can provide you with the representation needed. Contact Kitchin Law Firm today.


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