1. Assuming You Are Guilty in a Court of Law

Getting pulled over and arrested for a DWI/DUI can be nerve-racking, and feelings of guilt and embarrassment, along with the daunting possibility of months of court battles, makes many DWI/DUI suspects think they should plead guilty. While there may be some cases in which a plea deal, plea of no contest, or reduction of charges offer your most favorable outcome, you are still presumed innocent until you plead guilty or are convicted. With the aid of an experienced DWI/DUI defense lawyer, beating a drunk driving charge is not nearly as impossible as many people think. Assuming guilt prematurely can lead to unnecessary self-incrimination and poor decision-making, such as hastily accepting a plea deal without fully understanding the potential defenses available.

Not pleading guilty immediately is your best option regardless of whether or not you were over the legal limit:

• If you were not over the legal limit but failed a test, the legitimacy of those tests and the traffic stop can be challenged by an experienced DWI/DUI defense attorney.
• If you actually did drive under the influence or while intoxicated, the same principles apply to your DUI case as any criminal case in the United States. You have the presumption of innocence and a right to present a defense in court. The state cannot convict you if it cannot prove you were driving while intoxicated with legitimate evidence.

Common Reasons for Pleading Guilty to a DWI/DUI Charge – and Why Not to

There are a variety of scenarios in which one might think their best option is to plead guilty, but that is typically not the case. Let’s go over a few common reasons and why it’s a bad idea:

Belief in Inevitable Conviction

Reason for Pleading Guilty: You might want to plead guilty because you believe the evidence against you is overwhelming and that a conviction is inevitable. You might think that by pleading guilty, they can avoid the stress and expense of a trial and possibly receive a lighter sentence.

Why it’s a bad idea:

• You Ignored a Possible Defense: Pleading guilty means forfeiting the opportunity to explore possible defenses. There may be procedural errors or issues with the evidence that a skilled attorney could use to your advantage. For example, improper calibration of a breathalyzer or mishandling of blood samples can lead to evidence being thrown out.
• Severe Penalties: Even with a guilty plea, the penalties can be severe, including fines, jail time, and long-term impacts on your driving privileges and criminal record. Don’t assume the court will treat you better if you plead guilty. An attorney can negotiate on your behalf for a lighter sentence, or a complete dismissal.
• Permanent Record: A guilty plea results in a criminal record that can affect future employment opportunities, professional licenses, and other aspects of your life.

Pressure or Misinformation From Law Enforcement

Reason for Pleading Guilty: Law enforcement officers or prosecutors may pressure individuals to plead guilty by emphasizing the strength of their case or the potential consequences of going to trial.

Why It’s a Bad Idea:

• Coercion and Misinformation: Law enforcement’s job isn’t to look out for your future; it’s to get a conviction as quickly as possible. While you have a right to remain silent and a right to an attorney, police are legally allowed to lie to you to elicit a confession. Pleading guilty under pressure can lead to decisions based on fear rather than a careful consideration of the facts. Law enforcement and prosecutors may overstate the likelihood of conviction or the severity of potential penalties.
• Right to a Fair Trial: Everyone has the right to a fair trial where the prosecution must prove their case beyond a reasonable doubt. By pleading guilty, you waive this fundamental right and the opportunity to challenge the evidence and cross-examine witnesses like the arresting officer.
• Potential for Reduced Charges or Dismissal: Through a rigorous defense, there is always the possibility of reduced charges or even a complete dismissal of the case if procedural errors or weaknesses in the prosecution’s case are identified.

Financial Concerns

Reason for Pleading Guilty: The cost of legal representation and the prospect of a prolonged legal battle may lead some individuals to plead guilty to avoid additional expenses.

Why it’s a bad idea:

• Hidden Costs: While pleading guilty might seem like a way to save money by avoiding hiring a lawyer, the long-term costs can be significant. Increased insurance premiums, fines, and the potential loss of income due to license suspension or job loss can far exceed the costs of mounting a defense.
• Impact on Future Earnings: A DWI/DUI conviction can impact future employment opportunities, professional licenses, and earning potential. The financial implications of a conviction can be long-lasting and substantial.
• Access to Legal Aid: In many cases, individuals may qualify for legal aid or pro bono representation, which can help mitigate the financial burden of a defense. While a public defender may not have the experience (or time) to mount an effective DWI/DUI defense, exploring these options can provide quality legal representation without prohibitive costs.

Avoiding the Hassle

Reason for Pleading Guilty: Often, individuals will plead guilty to a DWI/DUI charge because they want to avoid the hassle and stress of a prolonged legal battle. They may perceive the court process as intimidating and time-consuming, and believe that pleading guilty will allow them to quickly put the incident behind them and move on with their lives.

Why it’s a bad idea:

• Long-Term Consequences Outweigh Short-Term Convenience: Pleading guilty to avoid the immediate hassle may seem appealing, but the long-term consequences of a DWI/DUI conviction are far more burdensome. These consequences can include substantial fines, mandatory alcohol education or treatment programs, license suspension, increased insurance premiums, and even jail time.
• Permanent Criminal Record: A guilty plea results in a criminal record that can affect many aspects of your life, including your ability to secure housing, maintain employment, and maintain professional licenses. While many DWI/DUI convictions can be expunged if certain requirements are met, the criminal record can follow you for years, impacting your reputation and limiting your opportunities.
• Underestimating the Legal Process: The belief that pleading guilty will streamline the process is often misguided. Even with a guilty plea, there are still legal procedures and requirements that must be fulfilled. You will still need to attend court hearings, comply with sentencing requirements, and manage the financial and personal repercussions of the conviction.

The Presumption of Innocence in DWI/DUI Cases

Scenario: You failed the test and blew over the limit. However, the state still has to prove their case beyond a reasonable doubt. The presumption of innocence ensures that the state must provide compelling evidence and meet a high standard of proof before a person can be deprived of their liberty or subjected to legal penalties. Generally, in a DWI/DUI case, that means the state must prove two things:

1. Impairment: The state must prove that you were impaired by alcohol or drugs at the time of driving. This often involves evidence from field sobriety tests, breathalyzer results, or blood tests. However, these pieces of evidence can be contested for accuracy and procedural correctness.
2. Probable Cause for the Stop: The initial traffic stop must be lawful, meaning the officer had a valid reason to pull you over, such as observing a traffic violation or receiving a tip about erratic driving.

Experienced DWI/DUI defense attorneys will question the reliability of breathalyzer tests, the conditions under which field sobriety tests were conducted, and the handling of blood or urine samples. They can also scrutinize the legality of the traffic stop and the procedures followed by law enforcement.

Evidence in a DWI/DUI Case, and How to Challenge It

While the evidence may seem stacked against you, that evidence is not as air-tight as law enforcement may have you believe. Here’s a look at the key types of evidence and their implications in Missouri DWI/DUI cases.

Types of Evidence in DWI/DUI Cases

Field Sobriety Tests (FSTs):

• Description: These are physical and cognitive tests conducted roadside to assess a driver’s impairment. Common FSTs include the Horizontal Gaze Nystagmus (HGN), Walk-and-Turn, and One-Leg Stand tests.
• Challenges: FSTs are highly subjective and can be influenced by factors such as the suspect’s physical condition, weather conditions, and the officer’s instructions. Challenging the administration and interpretation of these tests can be a key defense strategy.

Breathalyzer Tests:

• Description: Breathalyzers measure Blood Alcohol Content (BAC) through a breath sample. Missouri uses both portable breathalyzers at the roadside and more accurate machines at the police station.
• Challenges: The accuracy of breathalyzers can be questioned based on calibration, maintenance records, and the presence of substances in the mouth that might affect results. Additionally, certain medical conditions can produce false positives.

Blood and Urine Tests:

• Description: These tests provide a more direct measure of BAC or the presence of drugs. Blood tests are typically more accurate than breath tests but require a warrant if the suspect refuses (we’ll explain why you should refuse in a later chapter).
• Challenges: Potential errors include contamination, improper storage, and procedural mistakes in the chain of custody. Timing of the test relative to when the person was driving is also a critical factor.

Officer Observations:

• Description: These include the officer’s observations of the driver’s behavior, speech, appearance, and driving pattern.
• Challenges: Subjective observations can be contested based on the officer’s experience, environmental conditions, and the presence of other factors that could explain the behavior (e.g., fatigue, stress).​

Dash Cam and Body Cam Footage:

• Description: Video evidence from the officer’s dash cam or body cam can provide a real-time account of the traffic stop and the suspect’s behavior.
• Challenges: Video footage can be used to corroborate or dispute the officer’s written report. It can also show if proper procedures were followed during the stop and arrest​

Challenging the Evidence in a DWI/DUI Case

There are numerous ways a skilled DWI/DUI defense attorney can challenge evidence, preventing it from being used against you in court or persuading a jury that it’s unreliable:

• Procedural Errors: Any deviation from standard procedures during the traffic stop, arrest, or testing can be grounds to suppress evidence. This includes improper administration of FSTs, failure to follow protocols for breathalyzer calibration, and violations of the suspect’s rights (e.g., not being read Miranda rights).
• Reliability Issues: Questioning the accuracy and reliability of the tests conducted is another key strategy. For example, calibration logs for breathalyzers, contamination risks for blood samples, and the potential for environmental or health factors affecting FST results can all be used to cast doubt on the prosecution’s evidence.
• Expert Testimony: Engaging experts in toxicology, forensic science, and law enforcement procedures can provide critical insights and bolster the defense. Experts can explain complex scientific issues in a way that is understandable to a judge or jury, highlighting potential flaws in the prosecution’s evidence.

Hire a DWI/DUI Defense Attorney Instead of Pleading Guilty

While pleading guilty to a DWI/DUI charge might seem like an inevitability or a way to quickly resolve the situation, it often leads to far-reaching negative consequences that can impact your life for years to come. The short-term convenience is outweighed by the long-term penalties and missed opportunities for defense. Engaging with the legal process, understanding your rights, and working with an experienced attorney can provide a better chance of minimizing the impact of the charges and securing a more favorable outcome.