Driving under the influence (DUI) charges can have serious penalties, which can change your life in an instance. You can get your driving license suspended for a year or even lose your job. In some cases, you could face trial, and if found guilty of the offense be jailed.
No one would like having DUI conviction on their records. The question is how will you get the charges dropped. Whether the officer made a mistake, or you believe you were sober, you can be able to beat the DUI charges.
There are several ways you can plead your case and have the jury dismiss the case. However, it is important to note that every case is different and you cannot have a guarantee on anything. Below are some of the ways you can get your case dismissed.
Challenge the Chemical Test Results
Whether you took a urine, breath, or blood test you can challenge the accuracy of these results. You can challenge whether the breathalyzer was properly calibrated and maintained. If they drew your blood out, you will ask for proof that the paramedic was fully trained and has the license.
Additionally, they should show that the draw was done properly. You may also inquire where the blood was stored and if it was contaminated. You may argue that because of contamination the results are not accurate.
These are some of the ways you can put into question your breath or blood alcohol results (BAC). The judge will call into question the results or dismiss the case altogether.
The Stop was Illegal or Unconstitutional
There need to be roadside sobriety checkpoints that should alert a driver on where the roadblocks will be. Inform the court that the arresting officers were hard on you and did not allow you any chance to express yourself.
An officer needs to have some suspicion that a traffic violation or crime took place to lawfully pull you over. Reasonable suspicion could range from erratic driving, weaving, or over speeding. It could also be a mechanical problem with your vehicle such a shattered side mirror.
If the officer did not have any reason for suspicion, all the evidence that they gather from that stop may be challenged under the fourth amendment. You will introduce a pretrial motion that will exclude all the unlawful evidence that they produce in court.
Illegal Search by the Traffic Police
Every citizen has rights and freedoms which protect them from any unreasonable search and seizure. The police cannot start searching for drug or alcohol-related evidence in your car without having a search warrant.
Moreover, the magistrate may dismiss all the DUI charges if they were searching for your car without your consent.
Right to Speak to Your Attorney
At the time you are arrested you have the right to speak to an attorney. If the police fail to notify you of this right then you can say that your rights were violated and you did not get a right to defend yourself.
You were not Driving
While this defense is more fact-specific, you can make the prosecution unable to prove beyond a reasonable doubt that you were the driver. Such a scenario happens when the police arrive at an accident scene after it has happened.
It can happen if it was a solo accident with several passengers in the car and no one saw who was driving. It becomes even easier if you do not admit that you are the one who was behind the wheel. A passenger can claim he or she was the one who was driving.
Although it may seem like you cannot get acquitted for a DUI charge, you should never accept the charges easily. You can defend yourself by creating reasonable doubt.