More advice that could hurt your criminal case

Written by Reynolds Defense Firm

On June 6, 2019

In our original article from April, we touched on some advice that you should avoid if you’ve been arrested for a DUI or DUI related offense. Again, your loved ones surely have the best intentions, however their advice could do more harm than good for your criminal case. In addition to reviewing these tips, make sure that you consult with an experienced attorney who specializes in DUI law.

Just hire the “cheapest attorney” in town, or hire a general practice attorney

General practice attorneys definitely know the basics about the DUI process. However, a successful DUI defense requires someone who not only has knowledge of basic legal principles but specializes in DUI specifically. Some of the important specialized components associated with DUI law include scientific principles and medical issues relating to breath and blood testing. It is also important to have intricate knowledge of DMV law and be up to date on case law in the area. Further, Reynolds Defense Firm has payment and financing options available so you don’t have to let monetary concerns stop you from finding the best attorney possible to represent you in your DUI arrest.

There’s no point in fighting the DMV license suspension

Granted, the odds of winning a DMV hearing are not promising, but a small chance is much better than no odds at all. There is absolutely no downside to requesting a hearing. You will not be penalized or increase the length of your suspension if you request a hearing. Even if you lose the hearing, your suspension period does not change. DMV hearings are also very valuable trial preparation.

You should represent yourself at the DMV Hearing

You are not required to have an attorney represent you at a DMV hearing. However, it is always a good idea to speak with an attorney who knows what he or she is doing to make sure you get the most out of your hearing. The Hearing Officer does not consider your “need” to drive or how sorry or apologetic you are. They will suspend your license unless they are presented with a legal reason not to, and this is where an attorney comes in.

Since the officer took your license away, you should go get an ID from the DMV

Federal law prohibits a person from holding an identification card and a driver’s license simultaneously. There is a specific amount of time that you should wait before requesting an ID card. If you request a card too soon, you will cancel out your drivers license. In doing this, after any suspension, you will have to take the written and driving test all over again instead of just paying a reinstatement fee.

Call the District Attorney to work out a deal

The District Attorney’s (DA) job is resolve crimes. They have a difficult job and they mean well, but DA’s do not have your best interests in mind. Remember, they represent the State. In the DA’s eyes, you committed a criminal offense against the State. Anything you say could be used against you.

You were using lawfully prescribed medication, so you can’t be charged with a DUI

You can be charged with a prescription drug DUI. A doctor’s prescription does not make it legal to drive while taking that medication if it makes you “under the influence” of the medication. Some prescriptions even caution against operating a vehicle while taking them.

If you are facing DUI charges, please call Reynolds Defense Firm at (503) 223-3422. You can also contact us using the online form on our website or chat with our team live 24/7 to schedule your free initial consultation. Our team has over 50 years of combined experience in DUI defense. We can help answer your questions and figure out what the best steps are for your unique situation.

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