How to Beat a DUI Charge in 2021

Many people caught and charged with a DUI may not realize it’s possible to escape the consequences. It is usual for you to be anxious and overwhelmed when the traffic police arrest you, but the most important thing is to remain calm. Having a criminal defense lawyer can help you sort this problem out, especially if it is your first offense.

Do not admit to any wrongdoing before talking to a lawyer because it will further aggravate the situation. There are several defenses your lawyer can mount to challenge the traffic stop, the arrest, and even the test results taken both at the scene and after the fact. Their goal is to have you beat a DUI charge and then have the case against you dismissed. Let's have a look at how you can beat a DUI charge.

Strategies to Beating a DUI First Offense

Contest the Legality of a Checkpoint Traffic Stop

According to DUI laws, the police must inform members of the public where and when they schedule safety checkpoints in the local dailies. When stopped by the police, you should remain calm and answer them politely. Provide your valid driver’s license, car registration, and car insurance documents when asked. You can, however, refuse to answer questions about where you were and your current destination. You can choose to remain quiet until you consult with your legal counsel.

Question Why You Were Suspected of Driving under the Influence in the First Place

It is the police’s job to stop anybody driving recklessly on the road. However, police require probable cause to initiate a traffic stop. Also, they may ask for details such as if the breathalyzer used on their client was calibrated correctly. Or, if the blood test taken from their client was handled professionally. And even whether their client’s rights were upheld during the entire stop and arrest process. All these questions asked will cast doubt on the case presented against their client.

Challenge the Accuracy of the Field Sobriety Test Administered

In the field, the police often rely on field sobriety tests to prove their suspicions before any blood, breath, or urine samples are taken for tests. One of the tests is the one-leg stand test, where you are required to stand on one leg for 30 seconds with your other leg at least 6 inches off the ground.

The other test requires the driver to walk heel-to-toe back and forth in a straight line. The Horizontal Gaze Nystagmus Test is where the police shine a light in the driver’s eye, and if they are drunk, there will be involuntary eye movements. A lawyer can easily challenge these tests by presenting a case saying the tests are inaccurate with simple reasons such as sensitive eyes, an uneven road, to name a few.

Negotiating with the Prosecutor

While your lawyer is doing everything in their power to defend your rights, the prosecutor assigned to your case will be doing everything they can to see a guilty verdict. After collecting all the evidence, your case will be presented in front of a judge.

It is your lawyer’s turn to poke holes at the investigation, find weaknesses and create doubt of your guilt. If your lawyer is any good, they will have your case dismissed or negotiate a lesser charge than a DUI.

Get the Best Legal Help to Beat a DUI Charge First Offense

It is not fun dealing with the police in any situation, and a DUI is a serious offense that can taint your criminal history. Just because you made a mistake doesn’t mean you have to pay for it for the rest of your life. That is why you need to contact a criminal lawyer immediately after your arrest and before talking to anyone else.