DUI charges are serious offenses that can have significant consequences. Guilty convictions often result in fines, license suspension, and even incarceration. If you’ve been charged with a DUI, you might feel like the odds are stacked against you.
5 Ways Lawyers Beat DUI Charges
Despite what seems or may be overwhelming evidence, there are ways that lawyers can beat these DUI allegations. After all, thats why we seek to hire attorneys for our legal problems. In this article, discover some surprising defense options, and 5 ways lawyers beat DUI charges. Wether you live in a state with very strict DUI enforcement, or are in a location with more relaxed DUI laws, consider contacting an attorney in our network today.
Challenging the Traffic Stop
When police officers pull someone over for suspicion of DUI, they must follow procedures to respect the driver’s rights. Otherwise, the evidence they collect could be challenged and may not be eligible for consideration during the trial. These processes include having a valid reason for the traffic stop and following proper arrest protocols.
For example, the officer may have stopped someone for swerving in and out of their lane. But the driver’s attorney could subpoena dash-cam footage that proves otherwise. In light of this evidence, the judge would have little choice but to let the defendant go free.
There are also times when law enforcement does not read someone their Miranda rights. This lack of proper follow-through represents a violation of someone’s constitutional rights. In this circumstance, you could even file a lawsuit against the city after having the charges dropped.
Contesting Field Sobriety Tests
Field sobriety tests are a set of standardized physical tests police use to evaluate a driver’s level of impairment. They typically include the following examinations:
- Horizontal gaze nystagmus test
- Walk-and-turn test
- One-leg stand test
Officers use these to look for imbalance, coordination, and poor judgment. The results are often evidence in DUI cases. Regardless, there are several common mistakes that officers can make.
For instance, officers may administer the tests improperly, or fail to follow standardized procedures. Additionally, there are factors such as the weather, the surface of the testing area, or your physical condition. Experienced DUI lawyers can use these errors to challenge the validity and cast doubt on their accuracy.
Consider a situation where a driver performed poorly on field sobriety tests. Their defense attorney could show that the police did not give proper instructions, or did not take into account your bad hip or some other chronic injury. As a result, the judge could dismiss the charges. Alternatively, a DUI attorney could demonstrate that a one-leg stand happened on an uneven surface. This is perhaps one of the more obvious of 5 ways lawyers beat DUI charges.
Disputing Breathalyzer Results
Breathalyzers are devices used to measure the amount of alcohol in a person’s breath. They work by using a chemical reaction to detect and measure the sample. Then, this measurement converts into a blood alcohol concentration (BAC) reading. Nevertheless, the results can be subject to a margin of error.
There are several common ways that DUI lawyers can use these details to their advantage. To start, breathalyzers require calibration and maintenance to ensure accurate readings. Furthermore, other factors like the driver’s medical history or medications can impact the accuracy.
Also, a defense attorney could find proof that the breathalyzer had not gone through proper calibration. As a result, the judge would likely drop the criminal charges. In another example, a legal counselor could connect gastroesophageal reflux disease (GERD) to an inaccurate result.
Examining Blood Test Results
Blood tests are often used in DUI cases to determine a driver’s BAC. This examination is typically done by drawing blood from the driver and sending it to a lab. Generally, the courts consider the results to be more accurate.
However, qualified DUI attorneys have several ways to challenge the results. They can review the circumstances of the blood test and look for inaccuracies for a successful defense. There could be errors in the collection, storage, or analysis. Also, medical conditions or medications can influence the findings.
Imagine a situation where a defense lawyer shows the police or lab did not store the blood sample properly. This mistake alone could result in having the case thrown out of court. In another instance, a driver with diabetes could have a false positive. They may have elevated levels of ketones in their blood, which technicians could mistake for alcohol.
Negotiating a Plea Bargain
A plea bargain is a deal made with the prosecutor of a criminal case. The accused pleads guilty to a less serious charge for a more lenient punishment. These are common in criminal cases and resolve cases efficiently without going to trial.
Lawyers can arrange plea bargains for their clients in several ways. One common approach for a plea bargain is to argue that the prosecution’s case is weak. Alternatively, there could be mitigating factors, such as the following:
- Lack of prior criminal history
- Cooperation with the authorities
- Willingness to seek treatment for drug or alcohol addiction
- Readiness to accept alternative sentencing options, such as probation or community service
Hire an Experienced DUI Attorney
These are some of the most serious criminal allegations that a person can face. It not only puts the person in legal trouble, but it also puts their driving privileges at risk. Nonetheless, there are many ways that a DUI lawyer can help their client beat the charges.
You can find the legal representation you need by completing a brief form on our website today. We also have a staff of representatives available 24/7 at (866) 345-6784. Do not put your future at risk by hesitating and connect with an attorney in our network right away!