Mistakes Made After Being Arrested For DUI in Massachusetts

1. Not taking the matter seriously. A DUI conviction will follow you for the rest of your life, so you need to fully understand what you are facing before agreeing to plead guilty. Even for a first offense, you may lose your driver's license, your insurance rates and points will be surcharged, you will have to pay fees and fines, you will be put on probation, take alcohol education classes, and you could end up going to jail. With a second offense, you face even more serious penalties, and the prospect of an interlock device on your car for three years when your license is finally reinstated. For a third of greater DUI offense, you face mandatory jail time.
2. Hiring the wrong lawyer. You need a lawyer who is experienced in handling MA DUI cases. Lawyers who defend Massachusetts drunk driving (DUI OUI DWI) cases everyday understand this complex area of the law in ways that most lawyers do not. They know exactly how to investigate and prepare cases and take them to trial, rather than make a deal right away. An attorney with the right experience will break down the police report right away, and understand exactly how to fight the case. Even if it is in your best interest to make a deal on the case, attorneys who have a reputation for fighting cases may get better deals than attorneys who don't take them to trial. Frequently you have to take a case to trial in order to be found not guilty or have the case thrown out.
3. Not hiring an attorney. Massachusetts criminal law and procedures are complex, and DUI law is one of the most technical and complicated areas of the law. You need to raise the right defenses at the right time. Without an attorney, you'll never know if you have facts in your case that could allow you to get a dismissal or beat the case at trial. And even if you just plead out, you'll never know if you're getting a good deal from the DA.
4. Hiring a lawyer based upon the amount of the fee alone. "Good lawyers aren't cheap, and cheap lawyers aren't good." Acquiring and honing the skills a good DUI trial lawyer takes time and experience. Plus, a lawyer with the lowest fee may have an incentive to go to court and plead you guilty right away, if he can't afford to invest the time to study and understand why your case should be fought. See my fees page for more info.
5. Driving after your license has been revoked. Big mistake! If you are arrested after your license has been revoked for a Mass DUI, you are facing a minimum mandatory 60 days in jail if found guilty.
6. Failing to appear in court. The court will issue a bench warrant for your arrest. You will be a fugitive, and if you are picked up on the warrant before you can resolve the issue, you will be spending some time in jail.
7. Talking to anyone but your lawyer about your case. Anything you say to anyone besides your lawyer can be used against you. Be smart, and keep quiet, before your arrest (during the police stop) and at the police station, and also after your arrest.
8. Failing to prepare for sentencing. While you hope not to be convicted of the charges, it is still a good idea to prepare for the possibility of sentencing. Sentencing becomes more important if you have previously DUI convictions on your record.  You may want to consider attending AA meetings or sign up for an alcohol rehabilitation program before you go to court because a judge is likely to be more impressed with actions you take on you own after being arrested than by promises made about future conduct at a sentencing hearing. Talk to me about your work history, any extenuating circumstances in your case, and how you might get by without a license if necessary.
9. Thinking that talking to numerous attorneys or researching it yourself will help you handle your case on your own. My web site is great, and has tons of information on Massachusetts DUI laws, but it is no substitute for actual trial experience! It's a mistake to go to court without an experienced attorney, and think you can get the best results in your case.