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Law Firm of Aaron Bortel

How Not to Unintentionally Harm Your DUI Case


Court cases are full of procedure, technicalities, and fine print, making it painfully easy to unintentionally make your case worse. DUI cases are no different. If you do get charged with a DUI, there are several things that are imperative that you accomplish.

The first thing to avoid is talking about your case, whether online, through social media, or even through a prison phone. According to Gruszeczki & Smith Law, LLP, the only person you should be talking to about your case is your attorney. This might seem excessively paranoid, and it very well may be. But paranoia in this instance will never hurt you, while a lack thereof can.

The second thing to avoid is another arrest before your initial court date. A second charge is severely damaging to your chances of your trial having a happy ending. A second charge can also increase jail time or keep you in jail while your case is being decided. If the goal is a charge reduction, it is vital to do everything possible to make yourself look good before a judge and jury. Another arrest proves that you have no scope of the severity of your actions, and so require more demanding consequences.

The best thing you can do, upon being charged with a DUI, is to get in touch with a good criminal defense attorney as soon as possible. Here, an experienced DUI lawyer can be vital in bettering your chances of walking away from this charge. Gruszeczki & Smith attorneys are some of the best criminal defense lawyers Chicago has to offer, and through a long trial history, have proven that they will treat your case with the kind of personal intensity it requires.

While the entire legal process surrounding your DUI case will be stressful and frustrating, you should always work with attorneys to assemble and dissect all the facts of the case. Sometimes, it might seem worthwhile to simply plead guilty to the charge so you can move on. But this can be severely, unintentionally, damaging. Hence why it is so imperative that you find a good lawyer. There are situations that a lawyer can identify that can result in a reduction of charges, which is, of course, your goal.

Some of these situations involve the criminal protection amendments that reside within the Bill of Rights. Here, I am referring to the fourth, fifth, and sixth amendments. The fourth amendment is a protection against unreasonable searches and seizures. This, in layman’s terms, is the police requirement to obtain a search warrant from a judge. This will not usually be so integral in deciding your DUI case.

The fifth amendment is your due process protection; in other words, your right against self-incrimination. This is where the term “I plead the fifth” originated.

The sixth amendment grants the defendant the right to a trial by a jury of his/her peers, the right to know the full extent and nature of the charges levied against him, as well as the right to legal representation if he/she cannot provide their own. In other words, your Miranda rights. Here, if your attorney can prove any of the following; bias in the jury, that you were not informed accurately of your charges, that you were not told about your right to legal counsel, or that legal counsel was not at first provided, there is a chance your charges can be reduced.

More specifically, if you get arrested for a DUI, and the officer fails to read some aspect of your Miranda warning, or neglects to read the entirety of it, the prosecution is not allowed to use any information acquired by the police during that time. Outside witnesses or evidence can be used at trial, but confessions and other evidence taken from you, if you were not read your Miranda rights, are forfeit in court.

So, while your DUI case will no doubt be full of stress and anxiety, there are measures you can take to increase your odds of it ending in your favor. There are things to avoid, but the main thing to proactively accomplish is to find and hire a good attorney as soon as possible. Beyond that, know the law, know your rights, and you’ll make it out okay.

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About the Author

My name is Aaron Bortel. I practice in the state of California. I handle DUI cases exclusively and have been practicing for over 25 years.