6 Proven Ways To Beat A DUI
Being arrested and charged with a DUI can be an extremely frightening experience. It is important to remember that you are innocent until proven guilty in this country so don’t let the fact you were charged with a DUI make you give up your rights. Beating a DUI is always possible, there are thousands of people avoiding conviction every month and there is no reason you can’t be one of them.
Remember, this is a legal issue. Right and wrong are rarely the most important factors in deciding a legal issue. The key to beating a DUI charge is discrediting the evidence. Here are 6 proven ways to discredit that evidence.
Field Sobriety Tests are Inaccurate
Test like touching your nose or reciting the alphabet backwards have been completely discredited by medical science. The “stand on one leg” test has proven to be only 65% reliable. “Walk in a straight line and turn around” is only slightly more accurate at 68%. These tests are not sufficient to prove you guilty beyond a reasonable doubt and you should be able to get them thrown out.
Breath Tests have a High Margin of Error
These tests cannot distinguish between mouthwash and vodka. Experts also concede that it has an inherent variance of 12.5%. The person operating the breathalyzer machine must also be licensed in order for the results to be admissible in court.
Blood Tests are Inaccurate
There are specific procedures that must be followed in police administered blood testing. If these procedures are not followed exactly, the results are inadmissible in court. Tests administered by a hospital can have a margin of error as high as 25%. The use of lactate ringers are a significant reason for such a high level of inaccuracy.
Statute of Limitations
The DUI charge must be officially filed within a specified period of time after the citation is issued. If it is filed late, you can have the charge dismissed outright. The statute of limitations is different from state to state so you need to find out what the time limit is in your case.
No Probable Cause
An officer needs a legally legitimate reason to pull you over. Anonymous tips from concerned citizens are not enough to meet this standard. Weaving inside the lanes is not enough either. If the officer claims you were driving erratically and unable to stay in your lane, request a copy of the squad car video so you can see exactly what the officer considers erratic driving. If the officer cannot prove you violated any traffic laws, they had no right to pull you over and the DUI charge should be dismissed.
Impeaching the Arresting Officer
Every officer has a disciplinary record. Review the record of the officer that arrested you. If there are a number of investigations or charges for improper conduct, a good lawyer can get the case dismissed. If the officer failed to Mirandize you properly, the DUI charge will be dismissed outright. If the officer conducted a search of you or your vehicle without probable cause or your explicit permission, all evidence may be suppressed.
All of these ways to beat a DUI have been proven to work time and time again. But the fact of the matter is, you will need a good lawyer if these tactics are going to work. Remember, this is a legal issue and there are rules for everything. It is not enough to be right, you have to present your argument and evidence exactly as the rules require if the judge is going to consider it.
Don’t settle for a court appointed lawyer. They often have hundreds or even thousands of cases they are working on at the same time and can easily confuse your case with someone else’s. Hire a lawyer that specializes in DUI law. They will give you the best chance at beating the DUI charge.