Common Mistakes when in need of a DUI Attorney in Dekalb County
If you have been arrested for a DUI, you may want to speak to an experienced Attorney from Dekalb County, GA at Andrew R. Lynch, P.C. A DUI charge is a serious matter, and a reputable attorney may help you rectify the situation. We may be able to help you avoid some of the common mistakes that could hurt your case:
Mistake #1: Pleading Guilty for Blowing Over the Limit in a Breathalyzer Test
Many people who blow over the limit during a breathalyzer test think they have no choice but to plead guilty. However, in some cases, this test may be inadmissible and can’t be held against you. For example, if the police officer who gave you a sobriety test had no legal grounds to pull you over in the first place, and we may ask for the test to be thrown out.
Mistake #2: Believing All DUI Attorneys Are the Same
Some individuals with DUI charges believe that all DUI attorneys are the same and hire the first one they meet. This belief could not be farther from the truth. Some DUI attorneys are better suited than others for certain types of cases. To determine if a member of our legal team is the right person to take your case, you may want to ask certain questions during your initial consultation, such as how many DUI cases he or she has dealt with in the past and what his or her success rate is.
Mistake #3: Sharing Information with the Police
When arrested with a DUI, some people get intimidated by the police and make the mistake of talking to them about their case. No matter how nice or trustworthy the police seem, you should avoid talking to them until you have talked with a Dekalb County, GA Attorney. If you share any information about your case with the police, they may use that information against you in court. If the police ask to speak with you, calmly tell them that you can’t talk to them without your attorney is present.
Mistake #4: Waiting Too Long to Hire an Attorney
Another mistake many people make after being arrested for a DUI is waiting too long to hire a member of our legal team. If you do not hire a lawyer until the day before your first hearing, for example, he or she may not have enough time to fully evaluate the case. On the other hand, if you talk to a lawyer immediately after you receive the charge, he or she may be able to dissect your case more thoroughly and possibly get the charges reduced or dismissed.
Contact Our Law Firm for Immediate Assistance
A DUI may affect your life in a number of ways, so do not wait to speak with a reputable attorney. An experienced attorney can work hard to get you the best possible outcome. If you are looking for a Georgia Attorney in Dekalb County, contact Andrew R. Lynch, P.C. at (404) 373-7735.
What are My Rights Regarding DUI Laws?
A DUI attorney from Andrew R. Lynch, P.C. can protect your rights if you were charged with a criminal offense such as Driving Under the Influence. Having an experienced DUI attorney representing you from the very beginning of the legal process is important because one mistake on your part could have lifelong repercussions. For instance, responding to what may seem like an innocent question on the part of a police officer or detective could be taken out of context and used against you.
It’s a fact that the only persons who will look out for your best interest are yourself and your DUI attorney. And it’s only a seasoned legal professional who will recognize when your rights may have been violated, or whether a law enforcement officer overstepped their bounds. If you have been charged with DUI, call us immediately and request a consultation with a member of our dedicated legal team.
There is much confusion about the rights of drivers who are under the cloud of a DUI criminal charge, and we are aware of instances when law enforcement has overstepped their bounds. It’s important to have at least a basic understanding of the motor vehicle laws should you experience police car lights in your rearview mirror.
Further, you should be prepared to obtain legal representation immediately as a DUI lawyer can protect your rights from the very start. In the absence of a lawyer, you may incriminate yourself unfairly. Call Andrew R. Lynch, P.C. if you have been arrested for DUI. If an immediate family member is facing a DUI charge and is currently incarcerated, contact us to find out how we can help.
If you need an Attorney from the Georgia area regarding a DUI, you can speak with a member of our legal team for advice and strategy.
What rights do I have if I am pulled over for DUI?
Even before you hire a DUI attorney, you can begin protecting your rights. If you believe that your rights are being violated at any time, remain calm and do not resist. Note every detail that you can and document as much as possible, even if that means writing down notes with times and dates immediately after the fact. Then, relate the information to your DUI attorney. Very often, when an individual has their rights violated, their DUI attorney can use the information as grounds to argue getting the charges dropped.
In the best case scenario, you will hire an Attorney from Dekalb County, Georgia immediately upon being arrested and we can advise you as to what to say and which actions to take. However, in general you have these rights:
- You are legally required to identify yourself with your legally recognized name. You are not legally required to answer their questions or make a statement. Remember that anything you say will be used against you if possible. Trust no one except us.
- Law enforcement officers do not have the legal right to search your vehicle unless they have reasonable evidence to believe that your vehicle contains evidence related to the reason why they have pulled you over. For example, if the police officer pulled you over because they suspect you were DUI, and the officer sees an open bottle of alcohol in your vehicle, they can search your vehicle and seize that bottle as evidence to use against you.
Keep in mind that if they do not have reasonable evidence, or if they request your permission to search your vehicle, you have the legal right to tell them that you do not consent to a search. There are exceptions to these rules, and your DUI attorney can tell you if a police officer’s actions fell into that narrow window.
- The police have the right to frisk you to determine if you are carrying a weapon but should they go further than a simple “frisk” before taking you to the police station, be sure to inform your DUI attorney of this.
Can I consult my attorney before agreeing to a breath, urine, or blood test?
The answer to this question varies from state to state. In some states, drivers can indeed consult their lawyer before deciding whether or not to agree to DUI testing. However, the drivers will then have only a limited amount of time in which to undergo the testing. It may be as little as 30 minutes.
Most states do not allow motorists the opportunity to contact their lawyer before they decide whether or not to comply with the DUI testing. In fact, they may be legally required to submit to one test or another and it may be up to the law enforcement officer to choose which method they will use. If the law enforcement officer denies or ignores any of your civil rights, a Dekalb County Attorney from GA can use that information in support of your case.
A knowledgeable member of our legal team at Andrew R. Lynch, P.C. can recognize any violations of your rights and will fight aggressively to get you justice.
- If you refuse a police officer’s request for a DUI chemical test of some kind, your driver’s license may be suspended.
- If your DUI case goes to trial, the prosecutor will likely tell the jury that you refused to take a DUI test, and that would not be ideal for your defense case.
What is the minimum jail time a person may receive for a DUI conviction?
This again will vary by state. We can help you gain a clearer understanding of potential penalties, including jail time. If a defendant has previous convictions for DUI, or for their current charge they acted in an egregiously negligent manner while under the influence, they will likely face longer jail sentences.
If you were arrested for a DUI, it’s important that you protect your rights from the very beginning. Call Andrew R. Lynch, P.C. at (404) 373-7735. to speak with a GA Attorney from Dekalb County during a free, no-obligation consultation.