Interviewer: We talked about giving up and pleading to a DUI without fighting it. How else do people unintentionally hurt their cases?
Mark: People forget what happened and do not contact an attorney early in the proceedings. This hurts because oftentimes they do not get their DMV request in a timely fashion. It’s good to have an investigator talk to a bartender to establish when you drank and what you drank. Then I can determine if you have a defense, such as a rising blood alcohol defense. Basically, you were under the legal limit at the time you were driving. However, after the police officer pulled you over your blood alcohol level rose over the legal limit.
If you just threw back a couple of drinks right before you left, your bartender can establish an alibi that you were not drunk beforehand. You were fine when you left. You were fine when you were driving. However, the alcohol he served you was still assimilating in your system. Subsequently, it was over the legal limit.
If you wait to contact an attorney, there’s little chance that bartender’s going to remember you or what she served. Two or three days later, an investigator can run in with a picture of you and say, “Friday night, this guy got popped for a DUI but we think he was actually under the legal limit when he left the bar. He probably was fine. Do you remember him and can you tell us what happened?” That will really help your defense.
© 2012 by Mark J. Bigger . All rights reserved.