There are a few ways you avoid huge fees and actual jail time if you’ve been arrested while under the influence. Here’s how to get out of a D.U.I.
Have you recently been arrested for DUI-related offense? If you have, it was probably a stressful and scary moment. It may feel like there are no options to fighting or challenging the arrest.
No one wants a D.U.I. conviction on their record so you are probably trying to figure out how to get your DUI dismissed.There are actually a few ways you can avoid huge fees and jail time if you’ve been arrested while under the influence.
Beating a D.U.I. is possible under certain circumstances, and an experienced attorney is your best bet at getting your D.U.I. dismissed.
Read on for 6 ways to get out of a D.U.I.
1. Why Were you Stopped?
This is the first question that you should explore when trying to see if you can get out of a D.U.I. An officer must have reasonable suspicion that a crime or violation has been committed in order to lawfully pull you over. The National Highway Traffic Administration has identified 20 symptoms that may indicate that you are driving under the influence.
include anything from speeding to a mechanical violation of your car. If the officer does not have the proof of reasonable suspicion, any evidence gathered is dismissible under the Fourth Amendment.
This means that if the officer collected any chemical tests or conducted any field sobriety tests, they can be void. An experienced D.U.I. attorney will know how to challenge your case by excluding any unlawfully obtained evidence.
2. Mistakes During Arrest :
There are many ways an attorney can prove that the officer did not follow the specific requirements and rules for making a proper and valid arrest. During a D.U.I. arrest, there are many specific protocols and steps that must follow.
A mistake during any of these steps may be grounds for a dismissal. For example, it is the responsibility of the arresting officer to have specific tests done within a specific amount of time. If after reviewing the details, any of these procedures were not done properly, a successful defense can be made to fight the charges.
When an officer asks a driver to take a breathalyzer or blood test, there are many strict rules and procedures under the law that must be followed. If anything throughout this process is incorrect, there may be grounds for dismissal.
3. Refuse to Take Any Tests :
If you are under arrest for being under the influence, you can refuse to take a breathalyzer or blood test. Without a reasonable or valid excuse, you may be charged with a test refusal offense.
However, there are reasonable excuses to fail or refuse to comply with a breath or blood test. A reasonable excuse can be anything that makes it difficult to follow the officer’s demand for a test result.
An example of a valid reason is if there were risks to your health, which is the first thing police ruled out in the John Stamos case before his intoxication was corroborated at the hospital.
There are many other reasons that your attorney can help you explore that would provide a valid reason for test refusal. Refusal to take a breathalyzer can be a smart way to get your case dismissed.
4. Challenge the Breathalyzer :
Depending on what happened during your arrest, there are many ways to get out of a D.U.I.
arrest charge because of the breathalyzer results. One of the most common ways is to have the results deemed invalid.
When the results are invalid, they cannot be evidence. Which in most cases, works to the benefit of the defendant. There are many reasons why the results are invalid:
- Breathalyzer device malfunction
- Improper maintenance of breathalyzer device
- Mistake in testing procedure
- Violation of procedure guidelines
- Violation of driver’s rights
Breathalyzer and blood test readings are not always 100% accurate. If your attorney can prove that the results may not be accurate beyond a reasonable doubt, then there is a good chance the results will not be able valid.
Often times, the test evidence is the best proof the prosecution has in order to convict you. So if the evidence is invalid, chances are you will be able to have your case dismissed.
5. Challenge the Blood Test :
Like the above regarding the breathalyzer test, you can also challenge any blood tests that taken during the arrest. There are strict regulations and procedures that must happen when taking blood, and violation of any step of it can deem the results invalid.
In order to draw your blood, it must be a trained paramedic and administered properly according to guidelines. The blood sample must also store properly, or else you can argue that it contamination which may result in inaccurate test results.
6. Who Was Driving?
While this argument is valid in specific situations, this defense can also get your D.U.I. case dismissed. The key to this defense is that the prosecution must be able to prove “beyond reasonable doubt” that you were behind the wheel.
This argument is usually made when the officer arrives at the scene of an accident involving only one car, no one saw who was driving, and there are also other passengers in the car. The case is even stronger if the car is not registered to you, or if they find you when the car is parked and not in motion.
The prosecution must prove that you were under the influence at the time of driving. So if they cannot prove those two points, then your case may be dismissed.
Ready to Get Out of a D.U.I.?
Drunk driving laws can be very complicated, so don’t assume that you will lose the case just because you were drinking and driving. If you find yourself in this situation, make sure you have the details of your arrest reviewed carefully by an experience D.U.I. attorney.
They will be able to tell you what options there are to help you get out of a D.U.I. There are many potential defenses for this arrest, and ways for your attorney to win the case.
Check us out for more information.
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