A driver holding alcoholic bottle while driving / Drunk driving concept

Common Mistakes People Make After a DUI Arrest

A DUI arrest can be a jarring situation. Getting stopped by police and pulled out of your vehicle can be a stressful and overwhelming experience, leading some drivers to do things that could potentially harm their legal rights.

Some of the most common mistakes after a DUI arrest lead to drivers implicating themselves or jeopardizing their options for obtaining a more favorable resolution to charges.

Common Mistakes People Make After a DUI Arrest

Knowing the common mistakes that people make after getting stopped for intoxicated driving can help you know what not to do after a DUI arrest. Some of the most frequent errors committed by drivers after the police stop and arrest them for DUI include:

  • Talking too much – Some drivers may think they can “talk their way out” of a DUI arrest. However, a driver who tries to tell their story to the police may give the state critical evidence to use during the legal process.
  • Discussing the case on social media – Similarly, drivers may make incriminating statements that the state could use to prosecute a DUI case when discussing their arrest on social media.
  • Refusing a breath or blood test – New Jersey law requires drivers arrested for DUI to submit to a breath or blood test if police request it. Although police cannot force a driver to provide a breath or blood sample, a refusal to do so could lead to a driver’s license suspension, regardless of the outcome of the arrest.
  • Assuming no defense exists to a DUI charge – When a driver fails a breath or blood test after a DUI arrest, they may assume the state has an open-and-shut case. However, certain circumstances may support potential defense strategies to challenge the state’s evidence and fight a DUI charge.
  • Disregarding court orders or ignoring court dates – Missing scheduled court dates or continuing to drive on a suspended license could lead to more serious penalties.
  • Failing to consult an experienced DUI attorney promptly – A driver may make other mistakes, such as rushing into alcohol or drug rehab or entering a guilty plea, if they don’t seek immediate legal advice from a criminal defense attorney to develop a strategy to deal with a DUI charge in the most effective way possible under the circumstances.

Understanding the DUI Process

Under New Jersey law, a person may face arrest for DUI if they operate a motor vehicle while under the influence of alcohol or drugs or with a blood alcohol concentration of 0.08 percent or more. Police can also bring DUI charges against someone who allows another person to drive their vehicle while under the influence or with a BAC of 0.08 or more.

After a DUI arrest, police will typically conduct a breath or blood test to check for alcohol or drugs in the driver’s system. The driver will later have to appear in court to enter a plea to their DUI charge. If convicted, the driver will have to attend classes or undergo evaluation at an Intoxicated Driver Resource Center.

Contact a New Jersey DUI Defense Attorney for Help

An unintentional error could seriously harm your ability to defend yourself against DUI charges or your options for resolving an intoxicated driving prosecution. However, if you’ve made one of the common mistakes described above, don’t panic. Instead, contact William Proetta Criminal Law today for a free, confidential case review with a DUI arrest defense attorney to learn more about how we can protect your rights.

Criminal defense attorney William A. Proetta is the founder of William Proetta Criminal Law. He has defended individuals facing criminal charges in New Jersey for over a decade, successfully handling thousands of cases involving charges ranging from DWI to murder. In addition to criminal defense, William also focuses on juvenile defense, restraining orders, and expungement.

He has extensive DWI defense credentials. William is one of a handful of attorneys in New Jersey recognized as a DUI Detection and Standardized Field Sobriety Testing Instructor by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police. He is also certified in the maintenance and operation of the Alcotest 7110, a breath-testing device used during DWI traffic stops.

William earned both his law and undergraduate degrees from Seton Hall University. He is a member of the American Bar Association, the New Jersey State Bar Association, and the New Jersey Association for Justice. In addition to recognitions from the Super Lawyers organization, William was also named to Top 40 Criminal Attorneys Under 40 by the National Trial Lawyers Association, and he received Client’s Choice honors from Avvo.

Admitted to New Jersey Bar: 2010
Years of Legal Experience: 16
Listed as a Super Lawyer: 2024-Present
Listed as a Rising Star by Super Lawyers: 2017-2020, 2023