D U I - Drunk And Drive - How To Beat A Dui

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How to Beat a DUI

Edited by DifuWu, Monica, Johnnycobrakai, SilverSparkz and 15 others

Three Parts:Popular DUI ChallengesObscure DUI ChallengesReducing the DUI Charge

A conviction for driving under the influence (“DUI”) can result in the loss of your license, driving restrictions, fines, community service, probation, and even jail time. However, there are steps you can take to get the charges reduced or to beat a DUI conviction and be acquitted, or found not guilty, of the charge.

 

 

 

 

 

Part 1 of 3: Popular DUI Challenges

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   1
   Challenge the traffic stop. In order to stop a driver, an officer must have a “reasonable and articulate basis” to believe that a traffic or other law has been, or is being, violated.^[1] In other words, you need to have violated a law of the road in order for the police officer to pull you over. If the traffic stop is found to be unreasonable, any evidence obtained as a result of the stop will have to be ruled inadmissible in Court. Without any evidence that you committed a crime, the prosecutor will likely drop the charge against you.
   • For example, if an officer said that a driver was weaving, that would not be considered a reasonable excuse to stop the driver, because weaving within your own lane is not a violation of any law. Not only must the officer provide a reason for the stop that a Court will find reasonable, but he or she must also be able to articulate that reason.
   • For example, an officer who simply has a “funny feeling” about a driver, may not stop the driver without having a reason for the funny feeling which can be articulated, or described in appropriate detail.
    
    
    
2. 
   2
   Challenge the officer’s suspicion that you were under the influence of drugs or alcohol. In order to establish reasonable suspicion that you were under the influence of drugs or alcohol, the officer will need to say that he or she smelled alcohol, that your speech was slurred, and/or your eyes appeared to be bloodshot. If you can establish that a medical condition, medication, allergies, or mouthwash caused the alcohol smell, slurred speech, or bloodshot eyes, you may be able to have any field sobriety, breathalyzer, or blood test results ruled inadmissible in Court.
   • Once these test results are ruled inadmissible, it may be very difficult for the prosecution to prove that your blood alcohol content (“BAC”) was over the legal limit, and the judge or jury may find you not guilty.
    
3. 
   3
   Challenge the field sobriety tests. Probable cause for the administration of a breathalyzer or blood alcohol test or arrest is established when a suspect fails the field sobriety tests. However, the results of these tests can be prevented from being admitted as evidence in Court, if you can establish that the tests were not valid field sobriety tests or that the results were inaccurate.
   • Claim that the test results were inaccurate. Many things can make the results of a field sobriety test inaccurate; illness, injury, medication, weather, and even obesity are commonly cited as affecting the results.^[2] Even in healthy individuals, the Walk-and-Turn and One-Leg Stand test are only 68% and 65% accurate in determining sobriety among healthy individuals.^[3]
   • Medical conditions such as GERD, acid-reflux, and heartburn can affect the sample of a breath test.^[4] If you have any of these conditions, you may have an out.
   • Claim that the actual tests were not valid. The National Highway Traffic Safety Administration (“NHTSA”) has established the Standardized Field Sobriety Test (“SFST”) which consists of three different tests including the Horizontal Gaze Nystagmus (“HGN”), Walk-and-Turn (“WAT”), and the One-Leg Stand (“OLS”). Any other test used by an officer may be considered invalid by the Court, if challenged.^[5]
    
4. 
   4
   Challenge breathalyzer results. Breathalyzer equipment must be used and cared for properly. The devices must be calibrated and tested according to manufacturer instructions and standard procedures. Many departments may be using outdated equipment for which replacement parts are no longer made. These outdated machines can be both unstable and unreliable.
   • In order to challenge the results of a breathalyzer, a defendant needs expert testimony regarding the unreliability of the specific breathalyzer model used; the officer to testify that he or she did not calibrate or test the machine according to procedure; and/or that the officer did not follow proper procedure in administering the test. If you can establish reasonable doubt that the breathalyzer result was accurate, the judge or jury may have to find you not guilty.
    
5. 
   5
   Challenge the blood test results. Blood alcohol tests must be done following specific rules and procedures. If the hospital or a law enforcement officer fails to follow the proscribed procedure, the results may be found inadmissible in Court.
   • In order to establish that the proper procedures were not followed, one would need an expert to testify that they could not have been followed; alternately, the officer or healthcare provider who administered the test would need to testify that he or she did not follow the procedure.
   • Other things can affect the results of blood test results as well. For example, taking medications that contain alcohol, kava, or ginseng may compromise the test. In addition, using rubbing alcohol on the skin before inserting the needle for the blood draw may also compromise the results.
    

 

 

 

Part 2 of 3: Obscure DUI Challenges

1. 
   1
   Question the constitutionality of the roadblock or DUI checkpoint. In rare cases, the checkpoint or roadblock set up by police officers may be illegal to begin with. In these cases, even if you are intoxicated and driving, the Court may throw out the case. It's best to partner with a lawyer who is versed in roadblock cases to get charges dropped this way.
   • In 10 states, DUI checkpoints or roadblocks are considered illegal. These states include: Idaho, Iowa, Michigan, Minnesota, Oregon, Rhode Island, Texas, Washington, Wisconsin, and Wyoming.^[6] Alaska and Montana choose not to use checkpoints, although they are still legal.^[7]
   • Police cannot randomly select vehicles to check in a roadblock. They must check every third, or every fifth vehicle, for example, of the chance of discrimination goes drastically up, the Courts have found.
    
2. 
   2
   Question an officer's failure to mirandize. You hear it in the movies all the time — "You have the right to remain silent...." This is known as Miranda rights, after the landmark Supreme Court case. If the officer who detains you fails to read you your Miranda rights, you may have an out.
   • If an officer fails to mirandize you, it has the chance to bring other aspects of the detention into question. It's the proverbial straw that broke the camel's back, but in more than a few cases, it actually works to get the case thrown out. Talk to a lawyer immediately if your Miranda rights were not read.
    
3. 
   3
   Question the voluntariness of your breath test. If a breath test was coerced from you instead of voluntarily given, you can start building the beginnings of a case against the DUI. For the law to recognize the legitimacy of the breath test, it cannot be coerced involuntarily or administered under duress.
   • If the officer who detained you says something to the effect of "I need you to give me a breath test right now" or "OK, let's give you a breath test," talk to your lawyer immediately. These are signs that the "implied consent warning" was not properly given.^[8]
   • Try also looking at the officer's prior disciplinary record, if there is one. If the officer has a disciplinary history or a history of coercing breath tests from subjects, your case just got even tighter.
    
4. 
   4
   Question DUI arrests that rely on racial or other profiling. If you are a minority, this may be an effective defense, especially if you were arrested in an area that is known for profiling. You cannot be arrested simply for walking out of a bar and being a different color than the arresting officer. If you committed no crimes to begin with, this can be a very effective argument.
    
5. 
   5
   Defend yourself with the "rising blood alcohol content" argument. Alcohol takes time to be absorbed into the blood. If you recently finished drinking, and then went behind the wheel, there's a chance that the detaining officer took your BAC when it was at its peak, and that your BAC was under the legal limit while you were driving.
    

 

 

 

Part 3 of 3: Reducing the DUI Charge

1. 
   1
   Hire a good DUI defense attorney. While an attorney can be expensive, in the case of a felony DUI, it may be best for your criminal and driving record, if you spend the money and hire someone experienced with DUI defense.
    
2. 
   2
   Determine if you have a defense. Reducing any DUI charge involves determining if you have a legal defense to the crime. If you have a legal defense, you may be able to get the prosecutor to drop the charge against you or consider a plea agreement or a judge or jury to find you not guilty. Defenses to DUI may include:
   • Involuntary Intoxication. If you were intoxicated involuntarily, such as if your drink was spiked, you may be able to use a defense of involuntary intoxication.
   • Duress. If you were driving in order to prevent death or bodily injury from occurring, you may be able to use the defense of necessity. An example of duress would be someone holding you at gunpoint and forcing you to drive.
   • Mistake of Fact. If you were mistaken about the fact that you were intoxicated, such as if you though the effects of your prescription had already worn off, you may be able to use a defense of mistake of fact.
    
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   3
   Strike a plea bargain. Probably the most common way of avoiding a DUI conviction is through a plea bargain. A plea bargain is an agreement between a person charged with a crime (the defendant) and the prosecutor, wherein the defendant pleads guilty, usually to some lesser charge, in exchange for not having to stand trial, and a sentence upon which both parties agree.
   • For example, if one were charged with murder, he or she might agree to plead guilty to manslaughter (a lesser offense) and avoid a trial, and the possibility of being convicted of murder.
   • In the case of a DUI one might plead guilty to the lesser charge of speeding or even plead up to the more serious charge of reckless driving, in order to avoid having a DUI on his or her driving record. Talk to your attorney or the prosecutor, if you do not have an attorney, about any plea bargain that may be offered.
    
    
    

 

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Tips

• Try to get witnesses to attest to your sobriety before and after testing. If you were at a bar, for example, let the bartender stand as witness that he only served you one drink over two hours.

 

 

 

Warnings

• In some states, refusing to take a breathalyzer is a crime for which you can be sentenced to jail. In other states, a driver who refused a breath test may lose his or her driving privileges for up to 180 days.

 

[BMW]

Gud Post......taagi drive chesthey emi kaadu anukune vallaki pls read  

[JollyBoy]

nice post 

[Maximus]