Being arrested and arrested for a DUI can be an extremely frightening experience. It is important to do not forget that you are innocent until proven guilty on this country so don’t allow the simple fact you were faced with a DUI cause you to throw in the towel your rights. Beating a DUI is usually possible, there are thousands of people avoiding a conviction every month high is no reason you cannot be one too.
Remember, this can be a legal issue. Right and wrong are rarely the most crucial factors in deciding an authorized issue. The key to beating a DUI charge is discrediting the data. Here are 6 proven methods to discredit that evidence.
Field Sobriety Tests are Inaccurate
Tests, like touching your nose or reciting the alphabet backwards, have been completely discredited by medical science. The “stand on a single leg” test has shown to be only 65% reliable. “Walk in a very straight line and turn around” is merely slightly more accurate at 68%. These tests aren’t sufficient to prove you guilty beyond a reasonable doubt and you need to be able to get them trashed.
Breath Tests have a High Margin of Error
These tests cannot distinguish between mouthwash and vodka. Experts also concede who’s comes with an inherent variance of 12.5%. The person operating the breathalyzer machine must be licensed to ensure the outcomes to be admissible in the courtroom.
Blood Tests are Inaccurate
There are specific procedures that must be followed in police administered blood testing. If these procedures aren’t followed exactly, the final results are the inadmissible problem. Tests administered by way of a hospital may have a margin of error to 25%. The use of lactate ringers is a significant reason behind such a high level of inaccuracy.
Statute of Limitations
The DUI charge has to be officially filed inside a specified period after the citation is issued. If it is filed late, you will get the charge dismissed outright. The statute of limitations is unique among states and that means you are looking for out what are the time frame is your case.
No Probable Cause
An officer needs a legally legitimate reason to drag you over. Anonymous tips from concerned citizens usually are not enough to meet this standard. Weaving within the lanes isn’t enough either. If the officer claims you were driving erratically and struggling to remain in your lane, request a copy from the squad car video and that means you can see exactly what the officer considers erratic driving. If the officer cannot prove you violated any traffic laws, they had no right to tug you over along with the DUI charge should be dismissed.
Impeaching the Arresting Officer
Every officer carries a disciplinary record. Review the record with the officer that arrested you. If there can be some investigations or charges for improper conduct, a good lawyer can get the case dismissed. If the officer still did not Mirandize you properly, the DUI charge will be dismissed outright. If the officer conducted searching people or your vehicle without probable cause or perhaps your explicit permission, all evidence could be suppressed.
All of those ways to beat a DUI have shown to work repeatedly. But the very fact with the matter is, you will need a good lawyer if these tactics are going to work. Remember, this can be a legal issue high are rules for everything. It is not enough being right, you must present your argument and evidence just as the policies require when the judge will almost certainly think it over.
Don’t settle for a court-appointed lawyer. They often have plenty of cases they may be taking care of at the same time and will easily confuse your case with somebody else’s. Hire a lawyer masters in DUI law. They will give you the best chance of beating the DUI charge.
