It’s not unusual for clients to make mistakes after a DWI arrest. However, these mistakes can result in unintended legal consequences, such as more severe penalties and minimum sentences. Our justice system allows you to defend yourself in court, and protecting your rights throughout the process is critical to achieving the desired outcome.
In this post, a Las Vegas DWI/DUI lawyer in New Mexico discusses the following seven (7) legal mistakes to avoid after an arrest:
- Mistake #1: Speaking to Police Without a Lawyer
- Mistake #2: Failing to Make Court Appearances
- Mistake #3: Not Following the Advice of Your Lawyer
- Mistake #4: Ignoring the Severity of the Charges
- Mistake #5: Pleading Guilty at Your Arraignment
- Mistake #6 Not Providing Accurate Information to Their Lawyer
- Mistake #7: Not Requesting an MVD Administrative Hearing
You can also get more direct answers by speaking with an attorney. In the meantime, ensure you don’t engage in the following activities:
Mistake #1: Speaking to Police Without a Lawyer
You should not speak with a police officer about your case if you have been arrested for DWI. A DWI/DUI lawyer licensed to practice in New Mexico should be consulted as soon as possible. An attorney can be appointed to you if you don’t have one, but keep in mind that self-incriminating statements can be used against you in court.
If the police arrest you, do not resist arrest. Try to remain as calm as possible and make mental notes of any possible civil rights violations. Your attorney will know what to do if negligent or abusive conduct occurred.
Mistake #2: Missing Court Hearings
It is best to arrive on time for every single one of your court dates. If you fail to appear, the judge may issue an arrest warrant. Further, this behavior gives a criminal court judge the impression that you aren’t viewing the criminal charges as serious. Regarding future court dates, let your attorney know if there is an unavoidable conflict.
Mistake #3: Not Following the Advice of Your Lawyer
While your case is pending with the court, your attorney may suggest that you attend an alcohol treatment program. Ensure you follow your attorney’s recommendations and obtain the appropriate education or treatment based on your particular circumstances. This situation can leave a significant impact on the outcome of your case.
On the other hand, your lawyer may ask you to become proactive in your defense by taking additional steps, such as dressing appropriately for court, appearing at a specific time and date, not discussing the case with anyone else, taking pictures of the arrest scene, or trying to locate (but not contact) witnesses.
Mistake #4: Ignoring the Severity of the Charges
First through third DWI offenses in New Mexico are considered misdemeanors. Any subsequent DWI is a felony. All of these charges carry the potential to result in mandatory penalties. If you fail to act and protect yourself, the situation will only worsen. A DWI attorney can protect your rights and prepare a defense based on the facts of your case once you have been arrested.
Mistake #5: Pleading Guilty at Your Arraignment
A DWI/DUI arrest in New Mexico does not mean that you are guilty of driving drunk, even though it may feel otherwise. If you admit guilt at a court hearing or during your arraignment, you lose your right to fight the charges pending against you. This situation also means you may have to serve the maximum sentences depending upon the facts and circumstances.
For more information about how New Mexico handles DUI arrests, check out this article.
Mistake #6 Not Providing Accurate Information to Legal Counsel
Once you’ve decided to hire a private criminal defense lawyer, ensure that you provide the lawyer with accurate information when asked. Initially, your attorney may ask fewer questions about your case because we need to first see what the police and prosecutors can prove. It’s a normal part of the process that is designed to protect your rights.
Mistake #7: Not Asking for an MVD License Revocation Hearing
An MVD administrative hearing is your first opportunity to retain your driving privileges while awaiting the outcome of your DWI/DUI case. You should work with a New Mexico criminal defense lawyer who understands the relevant issues related to MVD license revocation hearings.
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