DUI charges may immerse a person into panic mode, especially if it’s their first ever experience. First time offenders have greater chances of being let off the hook, as long as their actions did not cause any serious damage to life and/or property. While all legal charges are intimidating, do not let a DUI arrest overwhelm you. It is imperative to realize that there is always a way out, or the possibility of facing minimized consequences.
Driving under the influence of alcohol or drugs is viewed as a social stigma, which is why onlookers may judge you harshly and form biased opinions. Nonetheless, DUI allegations are highly beatable with the right kind of defense and attitude. First-time offenders are normally unaware of the tactics or strategies that can overthrow the case. Therefore, it is important to maintain silence and let your lawyer handle the rest. California DUI Lawyer mentions five ways that frequently prove successful in beating a DUI charge:
1. Determine that you were stopped illegally
The traffic police can only order you to pull over under a valid suspicion or for a particular reason. In most cases, the cop asks drivers to stop if they are violating one or more traffic rules; these include speeding, running a red light, weaving through traffic lanes, driving recklessly, driving too slow, or failing to signal (using indicator lights, headlights, horn etc.). If you were abiding by all legal and ethical rules of driving when the officer stopped you, the court shall deem the charges illegal and dismiss your case.
2. Point out that you were deprived of Miranda Rights
In accordance with the Fourth Amendment to the U.S Constitution, police officers are required to recite you your Miranda Rights at the time of arrest. Many first-time offenders do not know that they have a right to remain silent and demand an attorney, or that anything they say can be used against them. If the police proceeded to cross-question you and bully you into giving a confession, you are entitled to file a complaint against such illicit behavior. When the police fail to Mirandize, every piece of evidence collected against you becomes invalid.
3. Challenge the Allegations
If the police arrested you on the basis of mere suspicion and possesses no solid proof to incriminate you, challenging the allegations is a viable option. Certain symptoms stated in the police report could be the result of an underlying health condition, rather than the consumption of alcohol or some illegal substance/drug. When you plead ‘not guilty’ and the prosecutor has insufficient evidence to request a trial, the charges are automatically revoked.
4. Question the Reliability of Sobriety Tests
Field sobriety tests are usually unreliable for establishing DUI/DWI crimes. The driver’s poor performance in field sobriety tests is often associated with anxiety, confusion, some medical condition, or a health issue, such as obesity. Similarly, the use of a Breathalyzer to measure alcohol concentration in the bloodstream is largely inaccurate. The instruments may lack proper calibration or malfunction due to lack of maintenance.
5. Contest the DUI testing Results
Test results from a Breathalyzer can be misleading. The alcohol content in your mouth is not a true representative of its quantity in your bloodstream. Elevated levels in your breath could be caused by the usage of some alcohol based oral product, like a mouth freshener. Chemical testing is the only dependable technique to determine actual BAC levels in the driver’s bloodstream. Blood tests are considered the most reliable method, whereas urine tests are uncommon and not very precise. Sometimes blood test results can be deceptive as well; for instance, when the driver’s blood sample was not immediately tested in the laboratory, or it was stored improperly.
