Fighting a DUI charge should be non-negotiable. However, many people don’t think it’s worth fighting if they’re guilty as charged. The truth is, regardless of whether or not you were actually driving under the influence, fighting your charge isn’t just about proclaiming your innocence. It’s the only way to get your penalties reduced. If you don’t fight, you could end up with significantly higher fines and more jail time.
In any case, fighting a DUI charge is smart, and here’s what you need to know to be successful.
Fighting A DUI Charge Can Get You A Lesser Charge
When you choose to fight your DUI charge, the prosecution may offer you a deal where they’ll drop the DUI charge if you plead guilty to a lesser charge. If you don’t fight it, you won’t get this opportunity.
At first glance, it might not seem like a good deal if you’re still going to have a conviction on your record. However, having a reckless driving conviction is better than a DUI conviction on many levels. Neither look good, but a DUI looks worse. And depending on what industry you work in, a DUI might require an immediate dismissal, while reckless driving leaves room for negotiation.
Challenge The Legality Of The Traffic Stop
Under the Fourth Amendment to the U.S. Constitution, you’re protected from unreasonable searches and seizures, which includes traffic stops made without proper cause.
If the traffic stop that led to your arrest was invalid, then your charges are unlikely to stick. Police need probable cause to initiate a traffic stop. If the officer who pulled you over didn’t have a valid reason, any evidence obtained during the stop may be inadmissible, which might get your case dismissed.
For instance, police can pull you over if they see you swerving, speeding, running a red light, or if your taillight is out. However, they can’t pull you over based on a gut feeling or because you were driving late at night in a particular neighborhood.
Hopefully you have a dash cam that recorded the entire incident, but if not, the court will rely on the officer’s dash cam and body cam footage to assess the legality of the stop.
Scrutinize Field Sobriety Tests
Most attorneys will tell you not to take field sobriety tests because they’re designed to make you fail. If you took these tests, scrutinize the results closely. These tests are highly subjective and can be easily influenced by medical conditions, nerves, fatigue, disability, and uneven road surfaces. Challenging the interpretation of these tests can weaken the prosecution’s case.
Question The Accuracy Of Your Breathalyzer Test
Breathalyzer devices are required to undergo regular maintenance and calibration to maintain accuracy, but certain medical conditions like diabetes and acid reflux, and the use of mouthwash can affect results. Some people have failed a breathalyzer simply for being in ketosis – a state where your body burns fat for fuel and produces ketones. Ketosis can trigger a false positive result.
Analyze Police Procedure Compliance
Law enforcement officers are required to follow specific protocols during DUI investigations from the moment they pull you over. Failure to follow these procedures can result in evidence being suppressed. For example, if you aren’t read your Miranda rights or tests are administered improperly, any evidence collected may not be admissible.
There are also chain of custody procedures for evidence, like blood samples. If the sample isn’t labeled, stored, or transported correctly, the results could be compromised and the judge might decide to suppress that evidence.
Hire An Experienced DUI Attorney
Trying to defend yourself against a DUI charge without an attorney is hard. To be successful, you need an experienced DUI attorney on your side. When you hire an attorney, they’ll assess the specifics of your case, identify potential defenses, and guide you through the entire process. On your own, you don’t stand a chance, but a lawyer can help you get a more favorable outcome.
Defend Yourself And Your Rights
A DUI charge is serious, but it’s important to remember that you have the right to defend yourself against the charges. By understanding the potential defenses and working with an experienced attorney, you can challenge the prosecution’s case and work toward a favorable outcome. Taking fast action is important, so if you’re facing DUI charges, don’t wait any longer. Contact a lawyer right away to protect your rights and your future.
