Seeing the blue and red flashing lights in the rear-view mirror is never a heartening sight. Seeing them when you have made an error as grave as driving under influence (DUI) is scarier. A DUI charge should be avoided as far as possible, but when it hasn’t been, there are several ways to deal with it before it reaches a long-standing, embarrassing battle in court.
After being arrested, a DUI case moves quickly in the chambers of justice, and leads to the accumulation of a lengthy sum in legal expenses for the accused. Every person’s DUI arrest happens under different circumstances, so a quick-fix is impossible. Any website claiming to give a one-stop solution to all kinds of DUI charges is not being true to itself and the viewers.
Challenge the Arrest at the Time of Arrest:
Challenge the arrest at the time it happens, instead of listening quietly to the officer’s charges and postponing it to later, which will happen in court. You cannot just be pulled over by a cop because he suspects you might have had a few drinks. You need to have violated a law of the road to be pulled over. So ask specifically which law you have broken. If the traffic cop is found to have stopped and charged you unreasonably, then there is no case against you.
Take the Right Tests:
The only admissible test results to prove a DUI charge are a test to ascertain the BAC (Blood Alcohol Content); a Breathalyzer cannot accurately know this level. The machine picks up anything ranging from medicine to tobacco. Field sobriety tests are also administered if a driver is suspected of driving under influence, but these are almost always inadmissible in the court of law. An illness, injury, the weather or physical health can alter the result of these tests. Only some field tests are admissible in court like – horizontal gaze nystagmus (HGN), walk-and-turn (WAT), and one-leg stand (OLS). The Breathalyzer can also yield incorrect results, if it is not cared for and repaired regularly. Using an outdated machine is not the correct practice and evidence from those results is disregarded in court. If you can establish reasonable doubt that the result was inaccurate, the judge and jury may rule in your favor.
If you were too nervous to do anything when you were charged with the DUI, you must hire a good lawyer. Hire someone who has a record of successfully handling out of court settlements, especially with DUI cases. Hire someone who has a record of striking a balanced deal outside of the courtroom, thus protecting your reputation and your record.
Reasons for Dismissal:
You can use several reasons to get your case dismissed at the court. Involuntary intoxication or spiking of drink is a strong reason to get a DUI charge dropped. If you were driving to prevent physical or mental duress or due to an emergency, then you can show cause for the action. This will establish sufficient grounds of the reason you took up to driving after drinking.
Striking a plea bargain with the help of your defense attorney. Make an agreement where you have to plead guilty to a lesser charge than a DUI, so your record is unaffected and you don’t have to stand trial. Taking a relatively less challenging plea bargain works better than standing in court to defend or plead guilty to a DUI charge.
Being arrest under a DUI charge is not the end of the world. You can fight the charge before it gets to court and help save your case. All you need is the right information, attitude and legal assistance.
Latest posts by Wall Legal Solutions (see all)
- Divorcing? What To Do If Your Spouse Is Hiding Assets – January 6, 2020
- What to Know About Child Support and Holiday Gifts – November 25, 2019
- Understanding the Stages of Divorce – October 24, 2019