The 10 biggest mistakes most people make after being arrested for a DUI... and how to avoid them.

If you're facing a DUI conviction in Kansas or Missouri, you should read be aware of the 10 biggest mistakes most people make after being arrested for a DUI so that, with the help of a Kansas City DUI lawyer, you can avoid these pitfalls.

1. I didn’t look into getting a Kansas City DUI lawyer until just before court

   This is by far the most common mistake people make following a DUI arrest. Following the arrest, an accused person understandably does not want to think about his legal situation. Avoidance, however, can make things much worse. In Kansas and Missouri, a DUI is comprised of two parts: the administrative hearing and the criminal hearing. Following a DUI arrest, the accused is given a court date for the criminal case. Often, there is no mention of the administrative hearing, however. In Kansas, an accused has exactly 10 days to request an administrative hearing; an accused has 15 days in Missouri. If the administrative hearing is not timely requested, the right to a hearing is waived forever and the privilege to drive will be suspended. The administrative hearing can be won in many situations, but only if the hearing is properly requested. Additionally, a skilled DUI lawyer will make use of evidence from the administrative hearing to assist in the criminal case.
   
   

2. I didn’t hire a DUI attorney

   I’ve never been arrested in my life and this was my first encounter with the criminal justice system. My breath tested twice the legal limit, so I thought it was an open and shut case. Guilty, right? I accepted a plea agreement with the prosecutor. What nobody told me at the time was that I’d be paying thousands of dollars for high risk auto insurance and the conviction on my record would prevent me from getting the job I wanted. I learned later that the arresting officer made some mistakes that could have resulted in my case being thrown out. Since the initial traffic stop, everyone – from the arresting officer to the prosecutor - operated under the assumption that I was guilty. The entire system was geared to collect as much evidence as possible against me, prove my guilt and gain a conviction. I was the enemy to them and I was on their turf. It was a real eye opener. It’s so obvious to me now how much I could have gained by having a DUI lawyer on my side at the time.
   
   

3. I hired the wrong attorney

   Looking back on it now, my main interest was in hiring someone quickly and cheaply. Using time and cost as my main criteria was a big mistake. I discovered only after my conviction that the attorney I hired had never even taken a drunk driving case to trial in his life!! He recommended the first deal the prosecutor offered. Of course, a prosecutor has no incentive to bargain if they know the defense attorney is just bluffing! I should have hired an attorney who worked to uncovered all the facts in my case and make the prosecutor understand we were capability of fighting a conviction.
   
   Lesson: Hire a Kansas City DUI lawyer in whom you have confidence; a lawyer who knows how to win. Lawyers are not created equal. Just as you wouldn’t go to a pediatrician for brain surgery, you shouldn’t hire a real estate lawyer for your DUI charge.
   
   

4. I drove on a suspended license

   I didn’t fully appreciate how much I depended on an automobile until I lost my license. Asking friends and relatives for rides was so humiliating. The only time I drove (to run a quick errand) I got pulled over and ended up spending two weeks in jail. I almost lost my job as a result and now I have an even longer suspension to contend with, not to mention fines and court costs.
   
   

5. I didn't exercise my rights

   I knew I might eventually need an attorney, but thought no harm would be done if I tried to talk my way out of it first. I mentioned the fact that I had a prior DUI and the prosecutor seemed sympathetic and dismissed the charge, only to later file a new charge and changing it to a felony! He didn't even know about my prior conviction until I mentioned it. I thought honesty was the best policy, but because I didn't exercise my right to remain silent, I am now facing jail time.
   
   

6. I didn't show up for court

   I was charged while on vacation in another state and didn't think it would be a big deal. Then, I come to find out they’ve notified the license bureau in my home state. Now, my license is suspended and there's this "bench warrant" for my arrest! I ended up spending the night in jail. At the time, my wife was out of town and my daughter had to come and pick me up from jail. The worst day and worst experience of my life.
   
   

7. I talked to people other than my DUI attorney about my case

   My case involved an accident. I spoke to my auto insurance agent and answered some questions from an adjuster who contacted me. I discussed some of the details and circumstances surrounding the accident with them. It all seemed harmless enough. Now, the individual I hit is filing suit and I didn’t realize that everything I said to them could be used against me.
   
   

8. I didn’t take it seriously enough

   If I had known about all of the travel restrictions that I would have to deal with as a result of a conviction, I would have hired a much more aggressive attorney who focused on this area of law. My job requires that I travel frequently. But the rental car companies either won’t rent to me or they charge a fortune because of my conviction. Plus, I was stopped at the Canadian border while on vacation with my family. I had no idea I would have to pay a special fee and “pass inspection” with their customs agents. I almost wasn’t allowed in the country! Drunk driving is a much more serious offense in some countries than it is here in the U.S., I’ve since learned. It seems they can pull up my records almost anywhere I travel.
   
   

9. Since I wasn’t ordered not to, I kept drinking

   Another common mistake people make is that following their arrest, they keep drinking socially as before. For whatever reason, following an arrest, people seem much more likely to get arrested again. Don’t fall into that trap. Take control and let your legal situation resolve itself first. Continuing to drink increases the chances of picking up a new case and making the original charge more serious and difficult to defend.
   
   

10. I got the advice I needed from the cop, my uncle, or someone other than my DUI attorney

    DUI prosecutions and defense have become increasingly sophisticated in recent years. Advice from anyone other than a skilled DUI lawyer will be biased in some fashion, intentionally or not. What might be good advice in one jurisdiction is not good in another. What might have been good advice 5 years ago no longer is. An accused person should consult with a skilled professional whose only motivation is the best interest of the client.

Conclusions

Without an experienced DUI lawyer, it is virtually impossible for you to navigate successfully through the legal system. Understanding all of your rights, potential penalties and possible defenses relative to your case requires the investment of time and an attention to detail from a skilled attorney. Preferably, retain a DUI lawyer in Kansas City who devotes a considerable amount of his law practice to drunk driving cases and has experience taking cases to trial.

Most of the common mistakes have a common theme – the situations profiled above have lacked the involvement of a skilled legal professional who is devoted and has the necessary experience handling these types of cases. The Angles Law Firm, LLC has this type of expertise and experience to handle a successful DUI defense. Begin your defense now by filling out the DUI Client Questionnaire and contacting us for your free initial consultation.

"An accused person should consult with a skilled professional whose only motivation is the best interest of the client."