Individuals charged with DUI often face significant fines and suspension of their driver's license as well as alcohol abuse classes or therapy sessions. Luckily, there are ways to defend a DUI charge. How to win a DUI case include understanding the defense strategies available, researching the case to uncover evidence, and finding a reputable, experienced DUI lawyer.
Finding a good lawyer who can craft an effective defense strategy against DUI charges can be crucial to winning the case. Here are some effective approaches for beating such allegations:
1. Hire a DUI Attorney
An effective DUI attorney can make all the difference in your case. They can help prevent jail time and costly penalties if you are found driving under the influence, while challenging evidence that may not be admissible or credible before court.
An experienced DUI attorney can also negotiate a plea deal to reduce traffic offenses or win at trial. A good DUI lawyer knows how to effectively communicate with prosecutors and manage all paperwork for their cases.
At trial, your attorney should know how to cross examine the police officer who is testifying against you. There are four key techniques they should employ in order to successfully cross examine them so you can walk out a free person. Also keep in mind that anything said while being transported in police cars (even conversations between your lawyer and yourself) could potentially be recorded and used against you at court proceedings.
2. Get a Blood Split Motion
As blood tests provide the most reliable evidence in DUI cases, your attorney may file what is known as a "blood split motion." This involves getting another sample of blood tested by an independent lab.
An independent test can uncover any mistakes made by the crime lab when testing your blood sample, giving your attorney enough information to craft your defense successfully.
Imagine Brad has had several drinks with friends before getting pulled over on his way home in Barstow and being given a blood test which yields a result of 0.09%; his DUI defense attorney then requests a blood split and discovers that there has been some sort of administrative oversight by police lab personnel, leading to their clerical error being overlooked in testing procedures.
Retest results show that Brad actually had a lower BAC than initially measured, providing him an opportunity to beat his DUI charges. This strategy can also work effectively for cases involving blood, breath or urine tests.
3. Refuse the Breath Test
Many individuals believe they should always submit to breath testing when stopped by police, but this may not always be wise. First off, even when blowing below legal limit and having an otherwise clean test it is not uncommon to be suspected of DUI due to thin evidence such as smell of alcohol or slurred speech being enough for an arrest. While narcotics may also lead to charges but those drugs require higher quantities in one's system for detection purposes.
Implied Consent Laws require police to inform you that taking a roadside breath test is voluntary, which gives less information to the prosecution. If an officer suspects intoxication based on other indicators (like bloodshot and watery eyes, slurred speech or the scent of alcohol), then declining may be in your best interests and engaging a top New York DUI lawyer to fight your case against any further testing.
4. Represent Yourself in Court
At times of intoxication, driving should never be attempted. Individuals should designate another driver or use other means of transportation like public transit and taxis to reach their destinations. When charged with DUI, seeking professional advice is advised; however if this proves too costly for individuals then self-representation in court may be an option.
Adherence to court deadlines and attendance of scheduled court dates are crucial as court cases operate according to a strict timetable; missing one could result in being arrested and spending time behind bars.
Your case should also be understandable and easily explained to a judge, including answering their inquiries about its facts and answering questions from both prosecutor and judge. Prosecuters typically begin trials by telling judges what evidence will show at trial with an opening statement;