Many drivers are charged with driving under the influence of alcohol or drugs. The penalties for a DUI can be severe and lead to jail time, fines, and license suspension. All states have different laws regarding DUI cases. Thus, the consequences might also differ between states.
Knowing how to beat driving under the influence is imperative because it could save you from many problems. The first thing you should do is contact DUI lawyers. They will be able to make significant changes in your case. By hiring a DUI attorney, you can have someone on your side who will be willing to fight for you every step of the way.
Beating a DUI Case
Driving under the influence charges is serious, and you need to understand that if you’re caught with a blood alcohol content of .08 or higher, your license will automatically be suspended. It’s also important to remember that driving under the influence cases are often contested in court.
If you have been charged with driving under the influence, you need to hire an experienced DUI lawyer who will fight for your rights. After all, a DUI case can be overwhelming if you do not have proper legal representation.
The best way to avoid a DUI charge is by not driving while drunk, obviously. However, there will be instances where you make bad decisions and end up driving after a party.
If you’re facing a DUI charge, you need to hire a strong DUI lawyer to fight for your rights and ensure that your case is treated fairly. You need an attorney who knows how to handle the evidence against you, how to challenge the prosecution’s case, and how to win.
It’s essential to choose someone with experience in handling these cases. This is because there are many ways for police officers to get information about your case. The more knowledge you have about what can happen during a trial, the better off you will be. Hiring DUI lawyers before being formally charged with a crime can help protect your rights during this difficult time.
Here are steps that DUI lawyers can take to beat a DUI case:
Prove Inaccuracy in Field Sobriety Tests (FSTs)
Field sobriety tests determine if the suspect is impaired by drugs or alcohol during the arrest. They are voluntary and not required by law. Yet, they provide valuable information about whether a suspect is under the influence. Failing these tests doesn’t necessarily mean one is under the influence of alcohol or drugs.
The most common field sobriety tests include:
- Horizontal Gaze Nystagmus – This test measures eye movements by measuring how long it takes to follow an object moving horizontally across your field of vision.
- Walk and Turn – This test requires the suspect to walk heel-to-toe in a straight line without touching any walls or other objects.
- One-Leg Stand – This test requires the suspect to stand on one leg for 30 seconds without falling over or wobbling back and forth.
Poor Driving Does Not Equate to a DUI
It doesn’t matter if you’re driving a Ferrari or an old pickup truck when you get pulled over for a DUI. The first thing that you need to do is stay calm. Don’t argue with the police officer or raise your voice. This will only make things worse and may result in you being arrested.
To win your case, you must prove that your driving did not equate to a DUI. Driving with poor judgment, such as tailgating or running yellow lights, does not equate to driving under the influence. Proving that poor driving does not equate to a DUI can help your case and keep the charges from being too severe.
Show Evidence Suspect Was Not Intoxicated
The prosecution must show that the driver was under the influence of alcohol or drugs while driving to prove a DUI. Yet, if you have evidence to prove otherwise, your case may be less likely to be successful. For example, suppose you have proof that your client was not drinking or using drugs while driving. You will likely have a better chance of getting an acquittal or reduced charge.
- A blood test showing no alcohol in their system
- Evidence from a Breathalyzer test
- A urine test showing no drug in their system
For a DUI case to be dismissed, there has to be proof. It should show that the defendant was not driving under alcohol or drugs.
The Police Officer Made an Error in Their Field Sobriety Test
The most common mistake is when the police officer gives the wrong instructions to the suspect. For example, if they ask you to count backward from 100 and you need to learn how. Or if they tell you to touch your nose with your finger and then touch your elbow instead.
You can also be misdirected by an officer who tells you that they want your eyes open while they walk around your vehicle. They can suddenly grab your arm and ask you to close your eyes. If this happens, it could lead a jury to believe there was no reason for them to suspect intoxication.
Significant Gap Between the Time of Arrest and When Blood Tests Were Administered
The defendant can argue that there was a significant delay. This is between when they were arrested and when their blood was taken at the hospital. This argument would be based on two factors:
- How quickly officers arrived at the scene after the accident
- How quickly they processed evidence at the location, such as checking for injuries
Suppose it takes too long for police officers to arrive at an accident scene and process evidence before taking a suspect into custody. In that case, it will take longer than necessary for them to obtain a blood sample from suspects who have been injured in accidents. Thus, you can use this delay as an argument against conviction based on DUI charges.
You’ll want to contact a defense lawyer to beat a DUI immediately. This presents a different set of challenges from a criminal defense, yet it has the same goal: proving your innocence. Each case depends on its own set of facts, so much depends on what information your drug crimes defense attorney has available. Yet, most defenses will boil down to whether or not you were operating under the influence.
The best way to stay out of jail is by following all the traffic laws and regulations and staying within the speed limit. The best way to avoid being arrested for DUI is by exercising good judgment. Do not get behind the wheel after drinking too much alcohol or taking illegal drugs.