The Top Ten Most Common DUI Mistakes

FAILURE TO GET EDUCATED ABOUT HOW POOR UTAH DUI INTOXILYZERS ARE AND HOW FIELD TESTS ARE BIASED 

You Should Not Have Had Anything To Drink; You Should Not Have Performed Field Sobriety Tests; Do Not Make The Third Mistake - Do Not Believe That Because You Blew a Certain Number - That the Number Is Accurate - Because It Is Not!

STAYING CALM, GETTING EDUCATED

Generally those getting their first DUI are freaked out by the process; one minute they were driving without any problems and the next they were in handcuffs. This sudden emotional impact as it were, leads to a variety of mistakes that tend to compound the problem. For example, almost everyone fails to ask the officer whether or not the field tests performed on the side of the road are compulsory or optional (they are optional), and as a result, they end up giving damning information (even if they do well) that is later used to convict them. No one passes the Field Sobriety Tests (SFST's) because they are designed to fail and they are subjectively graded - think about it, could you have passed them inside a gym, without knowing what or how they were grading you on??

WHAT YOU SHOULD HAVE DONE
What should have happened is as follows: following the stop the police will ask for identification, registration, and proof of insurance. The reason for the stop should be furnished to the driver. The cop will then ask if the driver has been drinking to which the driver should answer: "I would like a ticket for whatever you stopped me for and then I want to be on my way; if you ask me any questions I shall assume you are investigating some other matter and stand on my right to remain silent. Thus, you can either give me a ticket or arrest me right now, but I am not doing any field tests or blowing into any portable breath tester.

One of two things will occur: the driver will be released and cited, or the driver will be arrested after the cop calls for back up because he is so confused; the latter makes the case even better. If the driver is arrested he must submit to a certified breath test at the station to avoid losing the driver's license BUT that test will likely be suppressed as long as there are no admissions or other information pointing to inebriation (open container). What people do not realize is that they must confront the officer and force their hand because the sooner they are arrested the weaker the case is for the State. Think about it, what evidence of inebriation does the officer have at the time he asks about alcohol - none or little; in Utah, odor of alcohol alone is not sufficient to support probable cause to arrest, so if the officer arrests, the evidence including the breath sample will be suppressed.

What people do not take the time to think about are the laws, their rights and how the particular case plays out in light of those elements; accordingly, they make fundamental mistakes that are prejudicial to their case. Take admissions against interest; why would anyone talk to a police officer about what and when they drank alcohol? The police only want to arrest - they don't believe a word from the defendant  - thus any statement, honest or not, is only going to result in a stronger case for the state. Like most mistakes, that one is a result of pressure and fear; but take heart - read on and see what a little information can do to your outlook and case.

Our Don't List:

The following list is our view of the most common mistakes made after the arrest, and on successive pages, an explanation of the underlying reasoning supporting our contention that everyone, no matter what the circumstances, should have their case evaluated by a Utah DUI attorney before they ever consider pleading guilty; you cannot be punished for exercising your rights or pleading NOT GUILTY. Reviewing our last one hundred cases and the relevant literature, we feel fairly confident that the following is representative of low - level (under .150) Utah DUI's in general.

1. Failing to request a DMV administration hearing within ten days.
2. Assuming that if the breath result is greater than .080, the case is lost.
3. Playing ostrich/playing lawyer/pretending it will go away.
4. Failure to call a Utah DUI Attorney 877-384-8946
5. Failure to properly evaluate every facet of a case.
6. Failure to become educated and understand the long term dangers of a DUI.
7. Improper use of time, and failure to write a narrative of what happened.
8. Failure to properly evaluate the fourth Amendment implications of the stop.
9. Failure to play the odds and take the time legally given you - 10% of cases  disappear over time, never to reappear.
10. Believing that your case is special, and you deserve a deal because you've never done anything illegal before and are generally a good person - the DA doesn't care.