Ways A Criminal Defense Attorney Can Fight Your Dui

Drinking and driving is wrong

Drinking and driving is wrong. But getting arrested for driving under the influence is easier and more common than most people realize. The legal limit in all 50 states is a blood alcohol content of 0.08. This limit can be exceeded with three beers for most men and women of average height and weight.

If you find yourself added to the more than 1 million drivers arrested for DUI each year, do not attempt to go it alone. You may think the quickest and easiest option is to just show up to court and plead guilty. But this is not a simple violation like a parking ticket. Pleading guilty to DUI means you are convicted of at least a misdemeanor. This mistake will cost you at least twice the amount you would spend fighting it, and that is not even considering the lifelong hike in automobile insurance rates you will experience.

It is absolutely worth the time and money to employ the services of a criminal defense attorney as soon as (or even before) you get released from prison. They have a list of arguments they can use to help get your charges reduced or eliminated.

One way they can fight it is by questioning the accuracy of the chemical and field sobriety tests. Almost any criminal defense attorney will tell you the smartest thing to do when pulled over is to use your "right to remain silent" by keeping your mouth shut about your previous activities and refusing to submit to a breath and field sobriety test.

However, there is still hope for those who have submitted to the tests and failed. Your criminal defense attorney may request the records of the upkeep of the Breathalyzer machine. Police are required to calibrate the device on a regular basis to ensure it gives accurate readings. If the records show that the machine was not properly calibrated prior to your reading, it could render the reading null and void in a court of law.

As far as physical sobriety tests are concerned, many experts argue the tests do little to prove a person's sobriety, considering the fact that many people can't complete the tests sober. Your lawyer can obtain a copy of the video and have it thrown out if the officer administered the tests incorrectly. Also, if you failed the sobriety test but appear sober in the video, this piece of evidence can actually be used in your defense. Failure of the test can be attributed to the fact that most people's nerves are shot after getting arrested, which makes them uneasy and clumsy.

If there is dashboard video or audio footage from the moment of your arrest, your criminal defense attorney may also be able to use this to prove wrongful arrest. For example, if the officer did not read you your Miranda rights at the point of arrest, your case can be dismissed. Also, the officer will typically fill out a report stating that you exhibited slurred speech and were stumbling to justify the arrest. If the officer's claims weren't caught on video (possibly because they weren't true), his claims will be dismissed which can help or even eliminate your case.

by: Andrew Stratton

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