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How to Defend Yourself in a DUI Case

— June 29, 2020

Indeed, getting arrested for a driving under the influence offense can be a very frustrating experience. If you don’t know what to do, you’ll end up losing the happy life you’ve had before your arrest. 

Being charged with a DUI (driving under the influence) offense can be one of the most frustrating things you might experience in your life. Due to its severe legal consequences, it’s crucial to take this case seriously right from the very beginning. This means that you should know what to do at the time of your DUI arrest until the conduct of your trial. 

Thus, if you want to improve the probability of getting acquitted, be sure you know how to defend yourself throughout the legal proceeding. 

Here’s how you can defend yourself when facing a DUI case:

Work with an Experienced Attorney 

Like other crimes in your state, a DUI arrest can negatively impact your life. When you’re convicted, it can result in several penalties, such as substantial fines, suspension or revocation of driver’s license, and, in extreme cases, jail time. Thus, to save yourself from this mess, hiring a dedicated attorney who is an expert in handling DUI cases can be an excellent idea. 

For example, if you’ve been arrested for a felony DUI in California, a good attorney can help you in the following manner: 

  • Gives you valuable legal advice – Your attorney will review the facts of your case and determine the legal options available to your situation. They’ll not hesitate to provide valuable legal advice, especially if you’re a first-time offender. For instance, they’ll advise you to keep quiet when they’re not around during the investigation. 
  • Meets the legal deadlines – Filing of motions and other paperwork for a DUI trial comes with statutory deadlines, which are commonly known as statutes of limitations. Your attorney should submit all the filings before the deadlines. Otherwise, you’ve waived your right to file the necessary documents in court. 
  • Negotiates with prosecutors – Your legal counsel can help you get a good plea bargain with the prosecutor. They’ll negotiate with them so you can avail of some alternatives to jail time. Make sure that the lawyer you hire has years of experience in negotiating with tough prosecutors.

Build a Strong Defense Strategy

Of course, building a strong defense strategy requires the expertise of a DUI attorney. After all, you should know that driving under the influence offense is never a petty matter. If you take this case lightly, you end up ruining your life with the penalties you have to face as a result of a conviction.

DUI graphic
DUI graphic; image courtesy of Clker-Free-Vector-Images via Pixabay,

For this reason, you should know how to defend yourself in a DUI case. With the help of your legal representative, below are some defense strategies you can use to help you get out of this traumatic legal trouble: 

  • Lack of probable cause for the initial stop 

You can’t just be ordered to stop while driving your car on a public road. Unless the police have probable cause to believe, based on personal knowledge of the circumstances, that you’re drinking and driving, you can challenge their act of pulling you over from the vehicle. This means that the absence of probable cause for the initial stop can be one of the defenses your lawyer can use in fighting for your rights in the courtroom. 

  • Use of defective or unreliable breathalyzer equipment

Typically, breathalyzer tests are used to determine the amount of blood alcohol content in suspected DUI offenders. However, these tests only provide accurate readings when the equipment works properly. Hence, if you believe that your test result should be negative, ask your attorney to challenge the device’s functionality or ability to provide accurate findings. 

In such a case, a representative from the device company is invited during the trial to confirm the state of the equipment used to test you. Your lawyer can have your charge dismissed if they’re unable to confirm the validity of the test. 

  • Unreliability of field sobriety tests

Generally, field sobriety tests are a series of tests used by the police to know whether a suspected person is intoxicated with alcohol or other dangerous drugs. For example, you’re asked to walk in a straight line, and when you failed to do so, you might be charged with a DUI offense. 

However, these tests are extremely unreliable because several factors can cause inaccurate findings. A typical example of this is when the arresting officer might think that you’re not following directions, but, in reality, you can’t hear what they’re saying due to the noise coming from the cars. 

That’s why if you’ve been subjected to these tests and charged with DUI, work closely with your attorney so you can use it as a defense to lower or even eliminate your charge.

Closing Words

Indeed, getting arrested for a driving under the influence offense can be a very frustrating experience. If you don’t know what to do, you’ll end up losing the happy life you’ve had before your arrest. 

Therefore, if you want to get out from this trouble, follow the tips mentioned above, including hiring the best DUI lawyer who can advocate for you. From there, you and your legal counsel can work hand in hand to defend your case and possibly reverse your DUI charge.

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