The most common misconception people have about being arrested for a DWI is that they are guilty just because they were charged, and that going to court is just a formality to begin their sentence of losing their license. That is often not true.
In my experience, people are often not able to go to court by themselves, admit guilt and take their sentence right away. Judges want to preserve the due process that people have under the Constitution.
Judges often really encourage people to at least get a public defender if they qualify for one, or they could come back with private counsel who could investigate and possibly come up with some defense that the person did not even know about.
In my experience, just getting it over with or just going to court or giving up, are options that people usually think about right off the bat, especially if they feel they have done something wrong. I encourage those people to just let the process take its course and to allow us to do our jobs, which oftentimes ends up with better results than they initially thought after going online and researching what the penalties would be.
Common Mistakes People Make After Being Arrested And Before Going To Court
After being arrested for a DWI, people often make admissions regarding what they were doing, why they did what they did or what they had to drink or what they ingested. Even if they thought they were helping their cause, these kinds of admissions would oftentimes have the opposite effect and they would end up as evidence against the person.
Miranda Rights And DWI
Miranda warnings would typically be read when the person was being questioned, but not at the scene or in the car going back to headquarters. The best option would just be for the person to remain silent when they were being investigated for driving while intoxicated.
People would certainly have a duty to submit to giving a sample of their breath to determine their blood alcohol concentration. However, they would not typically have a duty to voluntarily give other samples such as blood or urine, unless the police had asked for those samples. People who refused have a much better chance of defending a DWI as opposed to people who agree to doing the blood draw or who do give a urine sample.
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