subject: Will My Dui Charge Stick? [print this page] There are numerous offenses you can be arrested for in this country, and on some occasions there actually is not very much proof at all for the thing you have been charged for. While the prosecutors and the police do have the ability to accuse you of anything, they still have got to provide enough evidence to prove you are guilty. They do often provide adequate evidence. There are also times, however, when the offender gets all of the charges dropped because there is not enough proof. If you are facing DUI charges, you should always plead not guilty, because not all accusations of DUI stick.
Compelling Evidence
Whenever there is an abundance of evidence against you, you may be proven guilty. If this happens to you, then a better option for you might be to plea bargain with the justice, which can sometimes help you to get a sentence that is shorter, and a penalty that isn't so bad. Your DUI lawyer can advise you about whether or not you should plead guilty and then accept a "deal" or if you should hang in there and fight the charge. The most compelling evidence that the police use against a DUI defendant is typically a BAC reading taken with a breathalyzer, or true blood alcohol testing. Even with this evidence, however, there is no assurance that the evidence is completely sound. Some of the issues involved in a BAC test that may not be dependable and so you might choose to question them are:
- The breathalyzer which was applied. A breathalyzer is prone to giving false final results if it is calibrated incorrectly. Your DUI attorney may request proof of correct calibration.
- Results of a breath analyzer test. Some additional things that your lawyer could possibly challenge are whether the machine itself is valid, whether the officer that applied the test was sufficiently trained, and whether the readings were correctly interpreted.
- The validity of the DUI stop. If the arresting officer had no real reason to pull you over, then any test outcomes or evidence gathered to arrest you is not admissible in court.
- Your overall health and medications which you are taking at the time. Many medicines, including things such as cough syrup, have been known to make you act or appear drunk, and can even cause BAC results to appear falsely positive.
You and Your Attorney Must Work Together
Your lawyer must always be consulted before you even think about pleading guilty to either DWI or to DUI. Even if you feel that you are guilty, you should not plead guilty. There might be somewhat questionable circumstances surrounding your arrest, and these may enable you to develop a strong case of not guilty which will save you from hard times that may otherwise be ahead. DUI is a serious charge that demands professional guidance. Not every DUI stop is ethical or legal, and thus, not all DUI accusations will stick. That is why upon getting charged for DUI, the first thing you should do is make contact with a DUI lawyer.
If you've been charged with DUI, then the fight isn't over yet. You may be in for a better fate then you thought, if you just keep these hints in mind and don't panic.
