You might wonder, “Can I beat this thing if you’ve been arrested for a DUI?” You may be able to do so with the assistance of a good DUI Attorney. We’ve listed six possible ways to beat a DUI in the list below. Recognize that this list is not exhaustive; if none of these six apply to you, contact a local DUI Lawyer to discuss other defenses that may help you beat your DUI.
- Refusal of the Breath Test: A Constitutional Right
You have the option of refusing to blow into the breath machine. However, if you do, the government will say that it reflects a culprit. In other languages, “Into the machine, he might have blown. He also did not choose to suspend his license, knowing that. Therefore, he must have a guilty mind and is therefore culpable.
A good DUI Attorney can attack this: we all have a legal right to say No to Police if we wish. And frankly, why would he opt to cooperate with the cop if a person believes that he should not have been arrested first? The jury should point out that refusal is only an exercise in a person’s constitutional right is one way of beating the DUI.
- Neglect the Unreliable Field Sobriety Exercises
At its heart, a DUI is the inability to carry out standard functions usually. Because of respect, why does the police select to have you execute unusual workouts to evaluate typical features? Ever before see someone walking down the street heal to toe with arms down by the side? Ever see someone just hopping on one foot? No! A correct defense based on the uncommon use of the field sobriety exercises is one way to beat a DUI.
- Attack the Unreliable Field Sobriety Exercises:
As a matter of strategy, your Attorney may decide to attach the exercises as scientifically unreliable. According to studies, the exercises only demonstrate disability on a sporadic basis, about 65 percent to 75 percent of the time. If the State wants to make the exercises appear empirical, the DUI Attorney can point out all of the officer’s minor deviations from the exercises’ standard operating procedures.
- If a Picture Is Worth a Thousand Words, Then a Video Is Worth
Not guilty, in two sentences. Cops are qualified to take the field sobriety test results to sound like the worst thing in the world. If the officer videotaped your results, the videotape might contradict the officer’s testimony. In this case, the conflict will anger the jury and can assist you in defeating your DUI.
- Not Following the Breath Test Guidelines
A breath test machine is not the most precise way to check a person’s blood for alcohol levels. (Blood checking is the best way!) But it can be costly and intrusive to draw blood. Therefore, the States have tried to “scientifically validate” the breath-test machine… Only by using procedures and rules that must be repeated and followed precisely every time can the breath test be raised to “scientifically reliable” tests. This should, in theory, limit potential breath test mistakes.
What if not all the rules were met by the State or by the cop? You can then throw out the breath test and beat your DUI.
- Fourth Amendment Violations: The Cop Should Never Have Pulled You over in the First Place
That’s the first way to defeat a DUI. You and all of the United States citizens, cops, and other government agencies are protected from unreasonable searches and seizures. If the cop seizes you for an invalid reason, the judge can cancel or discard all evidence that the officer has gathered after the wrong end. In practice, this means that the facts such as his identification of you, your field sobriety exercises, the breath test machine will be thrown out of court when the cop pulls you over, and he should not have them. The prosecutor must then choose but reject your case.