How to win your case

Beating a DUI: It's not Impossible

You may have heard that every DUI is a slam dunk case and the judge will automatically throw the book at you. While the laws and consequences have undoubtedly become more severe over the past few years, a DUI charge is not an automatic conviction. Forget what you've heard, an experienced DUI attorney can fill you in on the real story. Depending on your state, there are a variety of possible challenges to your DUI charge and goo lawyer will know which is the best strategy for your particular case. You may be able to completely clear the charges, keep your record clean or at least keep the penalties to a minimum.

Challenging the Arrest

While the laws are complex and vary from state to state, there are some principles that apply in most every case. It goes all the way back to the Fourth Amendment of the Constitution which prevents unreasonable search and seizures. It requires that infamous phrase, "probable cause," before any type of searching may be done. It also means that if you're arrested for drunk driving the officer must have a good reason. This is one area your lawyer may challenge.

There's a few ways a police officer might lack probable cause for arresting you. For example, if you were stopped purely randomly, based on an anonymous tip, or based on your race, ethnicity or other protected category, you may be able to fight the subsequent arrest. Laws and conditions vary from state to state and your lawyer will be able to decide if this is true in your case.

Challenging the Questioning

We've all heard the Miranda rights on television police shows. You have the right to remain silent. Anything you say can be used against you. And you have the right to an attorney. You might not know that an arresting officer is required to advise their suspect of these rights. If your arresting officer neglected to read you your Miranda rights, your lawyer may be able to strike any questioning from the case. Your case won't automatically be dismissed, but anything you said while arrest might be completely thrown out of the case.

Challenging your Blood Alcohol Levels

The nationwide limit on blood alcohol levels in .08%, but you can still be charged with DUI with a blood alcohol level lower than that. Most states will require that you submit to a blood, saliva or urine test to discover the level of alcohol in your bloodstream. Despite the seemingly undefeatable scientific evidence, there are still often actions your attorney can take to challenge these results. An expert witness may be able to dispute the skill and qualifications of the medical personnel administering the test. He may question the accuracy and maintenance of the testing equipment. There are also procedural issues like the sealing, storing and labeling of the samples which may be challenged. A qualified lawyer like those at DUIplace can help you find an effective strategy in fighting the science.

Challenging your Arresting Officer

A lot of DUI cases are based largely on the testimony of your arresting officer. Having an experienced DUI attorney cross examine and challenge your arresting officer may be a successful of calling into question his or her observations at the scene and the results of your field sobriety test.

The Plea Bargain

You can still reduce the damages or limit the penalties of your DUI even if you can't completely beat the cases with a dismissal or non-guilty verdict. In exchange for a guilty plea to a lesser charge or sentence, the will drop the charges against you. This is known as a plea bargain. If it's your first offence, prosecutors are more likely to drop the charges if you'll agree to plead a lesser penalty.

Dealing with a DUI can be a completely exhaustingly stressful experience. Let DUIplace connect you with an expert who can calmly asses your needs and maybe even find a way to challenge your case. Fill out our simple online form and find the help you need today!