When a driver is charged for DUI, DWI, or even a test refusal offense for the first time, it is important to realize that there is help for proven ways how to fight & beat a driving under the influence case in 2016. The feeling of being confused and overwhelmed is normal, but the first thing to be aware of is that successfully defending DUI & DWI charges can be technical and complex. There are also many strong defenses based on violations of a driver’s rights during a traffic stop, testing procedures, and technical requirements that most people will not be aware of. If a person were to plead guilty before having the arrest details examined online by us, a driver may be giving up on a good defense to beat and fully dismiss the charges.
After we can review a person’s own arrest circumstances as to the initial details of what happened, the next step is to request and examine what the police evidence is. Everything from the police report of the officer who made the traffic stop and arrest, to the technical specifications of the breath or blood test machine must be analyzed in case any crucial mistakes were made by police. We review an arrest from every possible angle, so when there are options for a strong defense to be found, we will help to find it. Fighting DUI charges can feel stressful and overwhelming. We also take the time to answer all questions and concerns a person may have, and discuss what potential options may be available to win the case entirely.
Navigating through the complexities of a DUI offense can be a stressful period of time, and we are here to help make it easier with straight answers about what to do. While submitting your own arrest information online for us to review and discuss what your best case options are with you, we have also outlined below some of the best strategies & ways for how to fight and beat a DUI charge.
- Facing Confusion After A DUI Arrest Charge
- Confronting Consequences Of A DUI Offense Guilty Conviction
- The Effects Of Driving Under The Influence Charges
- Navigating The Complicated Field Of New Laws
- Understanding How To Fight The Offense
- The First Drivers License Hearing Before The Criminal Case
11 Proven Ways How To Beat A DUI or DWI First Offense
- Challenging If A DUI Checkpoint Traffic Stop Was Legal
- Fighting Suspicion Of A Driving Under The Influence Arrest
- Questioning Reliability Of The Roadside Field Sobriety Tests
- Challenging The Breath Test Readings
- Challenging The Blood Test Results Accuracy
- Showing A DUI Test Refusal Charge Is Wrong
- Using A Police Officer’s Failure To Read Miranda Rights
- Fighting DUI Test Results Over The Legal BAC Limit
- Challenging DUI Charges For Cases Involving Women
- Making A Strong Rising Blood Alcohol Content Defense
- Fighting A DUI Charge For Marijuana & Drugs
Facing Confusion After A DUI Arrest Charge
When a person is charged with a DUI or DWI offense for the first time, it is not surprising that most people will have two basic questions: “Am I going to lose my driver’s license” and “How much is it going to cost”? The real issue in fighting a driving under the influence case is not whether a person had consumed any alcohol or other substance, but whether the prosecution attorney can actually prove beyond a reasonable doubt that the arrest was truly valid. Many times, there is often an innocent and reasonable explanation for irregular driving such as being ill, tired, or being distracted. In other circumstances, evidence of erratic driving might be in contradiction by a review of the police station video which shows no obvious signs of a driver being under the influence of alcohol or drugs. There are many, and sometimes very technical ways for how to defend and beat a DUI charge case. Besides the all too common officer error or Breathalyzer test device malfunction, which can revealed through a careful review of the breath test machine maintenance records, these breath test cases can often successfully be won based on police report issues regarding the actual arrest details, or violations of a driver’s constitutional rights regarding how the tests were conducted. Any DUI arrest experience is a scary situation, especially when someone has never been in trouble with the law before and doesn’t know what to expect. One minute a person feels fine, they weren’t driving under the influence but still somehow blew over the legal limit of .08 BAC at a traffic stop or even at a DUI checkpoint. It is important to know that failing a DUI breath or blood test does not mean a person guilty. Until the arrest details and other evidence is reviewed online through us by a local DUI specialist, only then can a person know what the best defense options are that may be able to challenge and beat the case. Finding these options for what to do and ways how to fight the charges successfully, will always be based upon a driver’s own specific arrest circumstances of what happened. Regarding how much will a DUI cost, this again is something that can only be established once a person’s own arrest details can be examined by us online by a skilled and local lawyer, who will understand the complexities of a person’s individual situation. For any questions or concerns about possible ways how to fight & beat a DUI charge that you may be dealing with, please let us analyze your situation for potential options to dismiss the charges via the short contact form on the right of this page.
Confronting Consequences Of A DUI Offense Guilty Conviction
A local DUI attorney who examines a person’s arrest information online, will have a record of winning a substantial percentage of the cases fighting to beat DUI and DWI charges, including test refusal cases they have taken on. They stand behind a proven record of success based on tireless advocacy for people and a formidable approach to getting out of a driving under the influence offense. Any charges for DUI that include either alcohol, drugs, prescription medicine, Marijuana, or even refusing to take the DUI tests, can all have significant and unexpected consequences beyond criminal fines and potential jail time. Penalties of a first offense conviction can also lead to:
- A permanent criminal record found on background checks
- Having to get an Ignition Interlock device installed to drive
- Limits many employment opportunities in a job search
- Drivers license suspension for at least 1 year
- Required alcohol/drug treatment and DUI school classes
- Increased car insurance rates for at least 5 years
- Restricts the ability to travel to other countries abroad
Our free online case examination of a persons arrest is a systematic and thorough review of the information. We explore all avenues for options of defense strategies which could get the charges dismissed that can include, but are not limited, to:
- Challenging the reason for the initial the traffic-stop
- Questioning the methods applied for testing a driver’s sobriety
- Cross-examining potential witnesses and challenging the details written in the police report
- Using expert toxicologists to challenge the prosecution’s breath or blood test results evidence
- Finding other police mistakes or procedure errors which violate a person’s rights under current DUI laws
Furthermore, upon a conviction for even a first-time offense DUI or DWI arrest, a person’s driver’s license will likely be suspended for one year, and in most states, the license suspension will not be lifted until certain requirements are met which include paying the court fines, completion of alcohol or DUI classes, and having an interlock device installed on any car the person may drive. If a driver gets convicted of test refusal of a DUI Breathalyzer or blood test, the penalties will be the same and just as severe with costs and consequences as if a person took and failed the tests. Therefore, the mandatory minimum penalties under the current law will also apply to these types of charges.
The Effects Of Driving Under The Influence Charges
Facing driving under the influence charges is a difficult experience for anyone – and it’s an ordeal that can have profound effects on a person’s life and their family for many years to come. Most people who are charged with a first offense are understandably frightened, stressed, and wondering about what will happen next with questions such as:
- “Will I have a permanent criminal record for life as a result of these arrest charges?”
- “How likely is it that my license will get suspended if I am convicted of a 1st offense DUI?”
- “Is there any way how to show that my blood test or Breathalyzer test was wrong, or was not given properly?”
- “Will I be required to have to get an Ignition Interlock device in my car to drive at all?”
Each year, tougher laws with more severe penalties and costs are passed for suspected drivers of a DUI or DWI offense. In order to have any hope at all for ways how to get out of or beat the charges for a dismissal, it is essential to not just automatically plead guilty without having the arrest information professionally reviewed first for potentially strong defense options, that many drivers are not aware of initially. Once these arrest details are carefully vetted for potential police mistakes and other arrest legality issues, a local DUI lawyer will then contact the person and discuss what the best strategies are which may be able to help to win the case, and how they can get the best possible results for the case outcome. When a driver makes the choice to limit their options by deciding to plead guilty without first letting local and experienced DUI specialists review the arrest information online with us for possible defense options or even legal loopholes, a person then is at far greater risk of penalties with increased chances to lose a drivers license, having to get an Ignition Interlock or car Breathalyzer installed, and still the real possibility of jail time and mandatory high fines to pay. After a 1st time conviction, car insurance rates will increase dramatically, for as long s 5 years on average with these higher costs. Since any DUI or DWI offense guilty conviction will result in a permanent criminal record for life, it will have a very negative impact on a future job search, and possibly even a current career if a person ends up losing their driver’s license or requires an ignition interlock device to be installed on the car. What many people also are unaware of when fighting DUI charges, is that a conviction of the offense will also limit the ability to travel internationally.
With all that is at stake both professionally and personally, the real consequences of pleading guilty to a driving under the influence charge is truly devastating. Even though after an arrest it is quite understandable and even normal to feel discouraged, people owe it to themselves to explore every possible solution for ways to avoid a conviction, which is exactly what we provide with our free online help. The timing for what to do and certain defense possibilities is very critical in a DUI case, so how long a person waits in getting the proper legal help will be one of the biggest factors to make all the difference in increasing the chances of success of saving a driver’s license, avoiding the Ignition Interlock requirement, and winning the case altogether.
The Two Main Types Of DUI Arrest Offenses
There are 2 main criminal offenses related to DUI & DWI charges:
- Driving Over the Legal Limit of .08 BAC (Blood Alcohol Content): Operating (or being in care and control of) a vehicle while a driver’s blood alcohol content is over the national .08 legal alcohol limit.
- Refusal of a Breathalyzer or Blood Test: Refusing to take breath or blood test after a police officer has requested one of a driver who is suspected of driving under the influence of alcohol, illegal drugs, or certain types of medication.
Navigating The Complicated Field Of New Laws
As previously discussed, criminal offense DUI charges can and will have a serious impact on a person’s life. The loss of a driver’s license can severely affect a person’s ability to work, provide support to family members, and participate in personal life activities. Any type of driving under the influence conviction under the current laws will result in a permanent criminal record, which will affect many employment prospects and limit travel outside of the United States. We know what is at stake for a driver in this situation, and once we can review what happened in the arrest details a person submits online to us, we can then be in a position to walk through the best options for what to do based upon the specific circumstances of what actually occurred.
When a person gets the proper help in time and decides to plead not guilty and fight the charges, none of the aforementioned negative costs and consequences are guaranteed to happen, even if at first a person thinks the case looks weak. The fact is, when a local DUI lawyer reviews a driver’s arrest information with us who is up to date with DUI laws and familiar with the prosecution attorneys in the place where a person will be going to court at, they will almost always be able to find a way of giving a fighting chance to beat and dismiss the case. This is especially true if after going over a person’s arrest details, they uncover police mistakes or other problems which may have violated a driver’s rights. This is because the law of DUI and DWI driving is very technical. The arresting officer takes a driver’s breath or blood, many times without a warrant, and then they later will use these test results against them in court – usually as their best evidence to prove the case. However this is also where some of the best defenses for possible ways how to beat the case and get it dismissed are found. The police officers have to follow the rules for DUI test procedures that the law requires, and if they don’t follow all the rules or make procedure mistakes at any point during a person’s arrest, the test results evidence they collect such as Breathalyzer and blood tests most commonly, could very well get suppressed from being allowed in court to be used against a driver.
Some examples of successful defense options that may apply in winning or dismissing the case:
- When sufficient doubt can be raised whether the prosecution has proven that a person was actually driving the car;
- Whether or not the police proved that a driver was under the influence beyond a reasonable doubt;
- The arresting officer did not follow the regulations under the law for DUI arrests and testing procedure, and when and how they are supposed to do it;
- A Breathalyzer, blood or urine test demand was improper;
- Where a breath test at the initial traffic stop was improperly conducted;
- Where later blood or Breathalyzer test results at the police station or hospital was obtained not according to protocol;
- Where evidence to the contrary can be presented, such as in some cases when a person had drinks after driving;
- When there is an unreasonable delay at bringing a case trial, or a right to speedy trial is violated;
- When the arresting police officer or prosecution witness does not appear at the court date, or if the office makes a crucial mistake in their testimony compared what the police report said;
- Other potential defenses which are always based on the events of a person’s unique arrest details
There are many avenues that experienced criminal DUI lawyers who examine arrest details submitted online to us will explore in order to find the appropriate defense for a case. After the arrest information is analyzed, the next step of what to do is to review all of the police evidence or test results against they collected. From that point, they will ensure that there were no violations to a driver’s rights during the course of the traffic stop and later arrest. Additionally, having a case evaluated with us we will help to ensure that any technical issues which may render the evidence invalid – such as issues with the breath or blood test procedures are explored carefully.
Understanding How To Fight The Offense
The consequences of a driving under the influence offense conviction are severe:
- A permanent criminal record.
- A minimum 1-year driver’s license suspension.
- An average mandatory DUI fine of $1,200 plus the added cost of having to get an Ignition Interlock installed.
- Significantly increased car insurance rates for at least five years.
- Hardship with future job searches and traveling outside the country.
- Mandatory jail time and longer license suspension period for a 2nd offense.
For most people, the most serious penalty for a driving under the influence offense is having their driver’s license get suspended. With how strict the current laws have become for even a first-time offender today, any driver who pleads or is found guilty to a DUI or DWI charge will most likely be required to have an Ignition Interlock installed on their car for a period of at least one year, or have their license suspended entirely for an average of 1 to 3 years in most states. Obviously, this can have severe career consequences, both right now and in the future. A conviction to the offense is also likely to result in large increases in auto insurance rates an premiums for the first 5 to 10 years afterwards. Additionally, if there was an injury, accident, or property damage related to a DUI offense, a conviction of the charges could result in many auto insurance companies to not cover the cost for any damage or injuries that happened because of a driving under the influence accident.
The First Drivers License Hearing Before The Criminal Case
There are two things in common that every driving under the influence case will share, and this is the 2 separate cases that will come along with the charges. The first case a person arrested for DUI or DWI will have to face is the Administrative License Revocation (ALR) hearing. This first case results when a driver has failed a Breathalyzer or blood test, or has been charged with refusing to take tests altogether. The second case which follows soon after the case regarding whether a driver’s license will get suspended or not, is the criminal DUI case – which is of course the most serious as to what will happen as far as the worst costs and penalties that could result.
It is important to realize that a driver has the right to challenge and fight administrative suspension their driver’s license at the Administrative License Revocation hearing. However, a person must act quickly in getting help to establish a defense to keep their license and avoid the Ignition Interlock requirements at this hearing. What happens after an arrest, is that a person will only have a limited number of days from the date of getting charged with the offense to attend this first court hearing regarding the license suspension status. If a person chooses not to attend or fight to keep their license at this hearing, the license will automatically get suspended and requirements to have an Ignition Interlock installed will likely follow as well. Based on how the current laws are set up for mandatory penalties, when a person loses this first administrative license hearing, and even if a person is later able to beat the actual DUI offense or test refusal charges for the criminal part of the case, these license and interlock penalties will still be imposed on the driver. However upon review of the details of what actually happened during the arrest, valid legal reasons may be found for preventing the license suspension at the Administrative License Review hearing, which will always be determined on the facts within the case details that a person provides.
11 Best Strategies For Fighting DUI Charges
Most people who have been charged with a 1st offense driving under the influence charge usually has no prior experience with the criminal court system, especially in regards to how a DUI case works. Drivers in this predicament will have many questions about what the laws for potential penalties, costs, and defenses are, including:
- “Will I have a permanent criminal record that can be found in a background check search?”
- “Will I lose my driver’s license if I am convicted of a first offense?”
- “Am I going to need to get and pay for an Ignition Interlock or car Breathalyzer installed on my car to drive?”
- “How can I win or beat my case entirely for a dismissal?”
- “How can I afford to pay for the unexpected cost of a lawyer for my case?”
Without taking action to successfully fight and beat the charges while there is still time before a conviction or guilty plea, a DUI or DWI offense will threaten a person’s employment, ability to drive with an interlock device or when a license is suspended, and damage a personal reputation with the stigma it will carry. Just as the saying goes, the best offense is a good defense. This is precisely true with fighting a DUI charge, and why it is so important to have recent arrest details examined online with us for finding out what the best possible defense options are that could potentially yield ways how to prevent a license suspension, avoid an ignition interlock, and even dismiss the case entirely. Defending driving under the influence charges can often be technical and complex in nature. There are many strong methods of defense based on violations of a driver’s constitutional rights and certain test requirements that most drivers who are arrested will not be aware of at first. If a person pleads guilty to try an get the process over with a little faster, before an experienced DUI attorney reviews the arrest information online with us, a driver could very well be giving up on a valid defense which may beat the offense completely. After the arrest details can be carefully read through first, everything from the report of the arresting police officer to the technical specifications of the Breathalyzer machine must be examined next. Once arrest information is submitted to us, it is the crucial first step to analyze a case from every possible angle, so if there is a strong defense – we will find it and then discuss with you what to do next.
1. Challenging If A DUI Checkpoint Traffic Stop Was Legal
In most cases, DUI or “safety” checkpoints as they are often now being called, are usually administered on a relatively busy public road. Police Officers will generally stop every car or, more likely, use another pre-approved method for stopping certain drivers at random. These checkpoints are most often conducted on weekends and holidays, during the evening into the early morning hours typically ending at 2-4am in most places. Also, some type of public notification is generally required to inform the public about one of these scheduled DUI checkpoints. This most often printed in the local newspaper where the checkpoint will be taking place at. While there must be notification of the upcoming checkpoint in a specified area, however the police are not required to provide the exact location of where it will be held.
What To do at a checkpoint:
- be respectful and polite as possible
- provide a driver’s license when requested
- provide proof of car insurance
- provide the car’s registration if asked
- politely refuse to answer any other questions until first speaking with an attorney
What a driver is not under legal Obligation to Do:
- answer the other questions from police
- explain where they have been earlier or destination they are going to
- inform them of how many drinks they may have had
When a driver is charged driving under the influence after going through a DUI checkpoint roadblock, many people may assume they have no chance to beat the case, however this is certainly not true in many circumstances when a person gets the right help in enough time. These types of charges involving any checkpoint arrest scenario, can often be won due to the very strict rules the police have to follow under DUI law. After reading the submitted details of the arrest online, a skilled lawyer can find the best defense option for what to do that is based on the specific facts of what happened at the time of the arrest when going through the checkpoint.
2. Fighting Suspicion Of A Driving Under The Influence Arrest
A driver may be stopped for a suspected DUI or DWI offense if a person is reported to be driving erratically or dangerously due to the possibility of being under the influence of alcohol, drugs, or medication. Some examples of this type of driving might include weaving between the lines, turning abruptly, excessive speeding or even driving too slow. Once a driver is pulled over, they may be subject to field sobriety tests, which also will include police watching for slurred speech, and other common intoxication signs such as trouble standing up or walking in a straight line when performing the tests. Additionally, a roadside portable breath test is often requested by the police for a driver to submit to.
Defending against DUI charges can quickly become technical and complex. The lawyers who review the arrest information submitted online with us, have the expertise and the resources available to help explain to a driver what can be done to build a strong defense for their particular case. After examining all the facts and potential legal issues involved in the arrest information, when appropriate, the attorney can also use toxicology experts and other specialists to challenge the BAC readings of a Breathalyzer or blood test results.
Many drivers who get charged with driving under the influence or a test refusal offense for the first time have never been through the criminal justice system before, therefore it is all that more important to seek out the proper legal help for best options to fight the charges as soon as possible following an arrest. The lawyers reviewing a person’s case details submitted online to us, will know what the technical defenses are which may be available to beat and dismiss the case promptly in court. Such possible defenses within a person’s arrest details may include whether:
- Police had valid reason to stop a driver in the first place
- The Breathalyzer machine was properly calibrated
- The blood test results were accurate or processed correctly
- Any rights were violated at any point during the traffic stop or arrest
- Other factors which may have caused the police to mistake a driver of a DUI offense
When it is appropriate in order to build a solid defense, a lawyer can also use expert toxicologists and other specialists to help in fighting the DUI test evidence case. With the proper legal help discussing the case options with you after an arrest, a driver facing this ordeal can be assured of receiving the advice needed to protect their rights and freedom.
3. Questioning Reliability Of The Roadside Field Sobriety Tests
When a driver has been pulled over for a suspected of a DUI charge, the officer will ask them to take some sobriety tests. A person may be asked to provide breath, blood, or even a urine sample. However before these chemical tests take place, a driver will first be asked to take what are known as Field Sobriety Tests.
Three Types of Field Sobriety Tests
Police officers generally use 3 types of field sobriety tests, and they could decide to use one or all three, depending on the circumstances and the preferences of the arresting officer. While failing to pass these DUI sobriety tests will also result in the officer requesting a breath, blood, or urine sample to determine whether in fact a driver is actually under the influence of anything, these first initial field sobriety tests are notoriously not accurate. This is because these roadside tests are subject more to a police officer’s predetermined bias of a DUI or DWI offense. The truth is, most people could never pass these tests completely sober. Therefore there are potentially several valid reasons that can be shown to fight and get these test results thrown out as evidence in court. Field sobriety tests are also very subjective, meaning they depend on an officer’s opinion, instead of actual scientific data like is gathered from a Breathalyzer or blood test. This also means that after reviewing a person’s arrest information, an experienced attorney can fight the credibility and accuracy of the police officer’s perception of the driver as part of the collective defense strategy.
The 3 main types of DUI field sobriety tests conducted on a driver are:
- One Leg Stand Test. Just as the name describes, the one leg standing test requires a person to stand and balance on one leg. The driver must stand for usually up to 30 seconds while keeping the non-balancing leg at least 6 inches from the ground.
- Walk and Turn Test. In the walk and turn test, an officer asks the driver to walk heel-to-toe in a straight line, turn, then walk back. Many police officers will use the lines painted on the side of a road as the line a driver is asked to walk. This type of walk and turn test is supposed to show a driver’s coordination, and ability to follow the directions as instructed by the officer. This test can often be easily challenged by a lawyer due to common reasons such as a poor road surface or outside conditions in general.
- Horizontal Gaze Nystagmus Test. This horizontal gaze nystagmus test is a complicated name for a relatively easy type of test. For this type of sobriety test, an officer will shine a light, which is usually a pen light, into the driver’s eyes to watch if the person’s eye suddenly moves to the side as a reaction to the light. This is because for many people after they have drank alcohol, involuntary movements of the eye can occur. However since a police officer has no baseline to fairly judge a specific person by as to whether they have a preexisting eye condition or just sensitive eyes in general, this test too can be often successfully fought with the proper help.
Refusing to take the field sobriety tests
The charges for a refusal to submit to the field sobriety tests can result in the same penalties as a DUI or DWI conviction or guilty plea. But once an arrest can be thoroughly examined by us, many options still can be established to defend against a refusal charge offense case. From the moment a driver’s arrest is reviewed with us to the end of the case, a skilled and local lawyer will have the experience and expertise to effectively navigate the constantly changing laws for driving under the influence, and find the best possible ways how to beat a case effectivel
4. Challenging The Breath Test Readings
Defending a driving under the influence offense usually turns technical, when it comes to options for how to challenge the prosecution’s evidence and reviewing the actions of police during the traffic stop and following arrest. We understand how breath and blood tests work for a DUI case, as well as the procedures police are required to follow under the law. The lawyers who examine a driver’s arrest details online with us have the technical skill to handle the most complex DUI and DWI charges, and how to prevent certain penalties and costs from happening whenever possible.
For many people accused of a DUI offense, it is their first experience dealing with the criminal justice system. Our lawyers replace the uncertainties with understandable information and helpful advice for what to do. Drivers trust in our help when faced with charges and their consequences including:
- A driver’s license suspension
- How to afford or pay for the mandatory costs and fees
- The penalty and expense of having to get an Ignition Interlock car Breathalyzer installed
- Having a permanent record that is searchable in a background check
A police officer requires sufficient grounds to make a lawful demand for a Breathalyzer test sample to be provided either at the roadside or at the station. Additionally, with the roadside breath tests the legal jeopardy to a driver has to be clearly explained to a person, and in cases when multiple tries to provide a test were attempted, an individual should be informed about their final chance to properly comply with the test before being placed under arrest. In these types of cases when a driver was reported by the officer to have refused to take the test due to various failed attempts, the police need to provide evidence such as maintenance records that the particular testing device in question was in sufficient working order. A conviction of criminal DUI charges will have a serious impact on a person’s daily life, many times for several years to come. A loss of a driver’s license can affect someone’s ability to work, provide support to children or family, and participate in other types of common personal activities. Even a 1st time offense will result in a criminal record for life, which can drastically affect a current job position or future career search, especially when a company vehicle is needed. We understand what is at stake for person facing this unexpected and stressful situation, and we will walk though all the best options with you that can defend against the charges.
5. Challenging The Blood Test Results Accuracy
Blood tests for a driving under the influence arrest, is supposed to only be performed by a registered phlebotomist or trained medical professional. In order to have a blood test administered, a driver must first be transported to a hospital or sometimes at a police station. In a DUI and DWI case, a blood test will generally gives the most accurate readings as compared to the less reliable breath test. However there is still many issues that can be raised about the accuracy of a person’s blood test when fighting a DUI charge case. Reasons such as the time between when a person was first stopped by police and the time the blood test was taken, has been known to increase the blood alcohol content to a higher level than when a driver was actually driving. The results of a blood test could be skewed for a variety of reasons, such as:
- Was the test results contaminated?
- Was the blood test evidence mishandled?
- Were the blood results properly refrigerated?
- Is the raised BAC level false, due to other test related issues?
Due to the strict protocol involved, a DUI blood test can often have more issues to create reasonable doubt than a Breathalyzer test. This is typically because blood testing evidence goes through more people. That means blood has the increased potential to be affected by conditions in the environment such as improper storage and transportation problems, which can even cause the alcohol content to read higher while it has already been in storage. Luckily, between the arrest information submitted to us by a driver online, the police report, and other resources that are available, a skilled attorney will ne able to find out if any of these possible issues will apply to a person’s specific case.
6. Showing A DUI Test Refusal Charge Is Wrong
A DUI refusal charge occurs when a police officer asks that a driver take a breath test either at the side of the road after getting pulled over or at the police station, and a person you refuses to comply in taking the test. Sometimes a person can be charged with a refusal offense when they did not blow properly into the device. The arresting officer is supposed to give a driver several chances to properly blow into the machine before proceeding with the charging a person with the offense. A refusal of failure to provide a test sample is still a serious offense if convicted of the charges. The penalties of a conviction or guilty plea for failing to provide a sufficient sample or refusing to take the test is treated the same as those who took and failed them.
However it is not a crime to refuse a breath test when a person has a valid medical excuse. There is not just one type of reasonable excuse that may be a defense to the arrest, which is another reason why each person’s own arrest details and circumstances are so important to fighting and winning a case. Medical conditions making it hard to exhale with force can very well be a reasonable excuse, or a health condition that may make it dangerous to blow in the methods required for the machine, could also be a valid reason. Upon review of a driver’s arrest information, details could also be found that a person’s refusal offense charge was not valid. This is because the current laws have strict requirements for both the smaller portable roadside breath test device, and larger Breathalyzer machine at the station. If these rules for the tests are found not to have been followed correctly by the arresting police officers, the breath test refusal charge could be rendered invalid.
Arrests of a failure to provide a proper breath test sample, as contrasted to refusing to take the test at all, may provide some extra possible defenses. Below are a few scenarios in which there may be potential defenses to not properly being able to give a adequate test sample:
- The verbal instructions from the arresting officer for how to blow into the device was not very clear.
- The Breathalyzer machine was not maintained according to test rules or was not working properly.
- A person may have been trying their best to comply with taking the test, but was not able to because of an illness or other issue.
- The officer did not give a driver enough reasonable chances to blow into the device to get a proper reading.
7. Using A Police Officer’s Failure To Read Miranda Rights
The Miranda Rights that every citizen is entitled to, are the warnings issued by police to those who have been detained and are about to questioned by them. Without a Miranda warning as it is called, nothing a person says in response to an officer’s questions can be used as evidence against a suspected DUI driver in court. Additionally, under what is called the fruit of the poisonous tree rule, if the police obtain any evidence because of questioning a person which is in violation of the Miranda rules, any of that collected evidence or statements made will not be allowed in court against the person. When a driver is arrested for driving under the influence and an officer questions them, whatever the person says cannot be used against them unless the person is read their Miranda rights first. How this works in regards to a DUI or DWI case, it means that when a driver is charged with the offense, and may have admitted to drinking, possibly taking drugs or medicine, or said any other things that may not generally help a person, a skilled attorney may still be able to get this information kept out as evidence if the Miranda rules were not properly followed by police.
8. Fighting DUI Test Results Over The Legal BAC Limit
Driving under the influence is a complex area of the law. DUI charges are typically won in 2 ways:
- Excluding test results or other evidence in court because a driver’s rights were violated.
- Showing a reasonable doubt that a person was truly over the legal alcohol limit of .08 BAC.
Once a driver’s submitted arrest details can be analyzed online with us, strategies to defend and fight DUI charges for a successful dismissal may include:
- Excluding DUI/DWI test evidence, such as the Breathalyzer or blood results, if a person’s rights are found to violated.
- The arresting police officers alleged reasons to suspect a driver if being under the influence is shown to have been wrong.
- Exploring if the reason of getting pulled over in the first place was legal.
- Whether the officer had a valid cause to request a breath or blood test sample.
- Reviewing if the test procedures at either the roadside or police station had any mistakes.
- In some cases when a person was not driving but still charged, assessing if the prosecution can prove that an individual was actually driving or in control of the car.
- Using a certified toxicologist to show that a person’s high BAC reading may be wrong, and was not actually over the legal limit at the time of driving.
- Seeking disclosure from the police of all the collected evidence obtained.
- Providing the most up to date legal research on current DUI law to ensure a person will have the best defense possible to fight and win the case.
While how to handle or fight driving under the influence charges may seem pretty straightforward at first, people going through this ordeal soon realize this is definitely not how it is in reality. This is because there are a number of facts that must be proven before a driver can be convicted, and once an arrest can be properly examined, there are many number of potential defenses available that can win a case. Any driver who has recently been arrested and charged with DUI, DWI, OWI, or a test refusal offense for not providing a breath or blood sample, we can provide the best online legal help in finding the right options to beat the case in court.
9. Challenging DUI Charges For Cases Involving Women
When women get arrested for a DUI or DWI offense, and then proceed to take a the standard breath test, what many people do not know is that most Breathalyzer machines are programmed for an average male when the device is calibrated. This can obviously cause big issues when a woman is told to take this test, if the machine is not properly set up in the first place for them. Many studies have proven that women and men process and metabolize alcohol different than each other, which also can cause a variety of problems when it comes to the serious nature of DUI charges and testing women fairly using the same machines as men. To add to this problem, certain medications have been known to cause problems that can impair a woman, far more than in an average male driver using these same types of medicine. This can be the case, even with some over the counter drugs that can cause a woman to become intoxicated, particularly when it may be combined with any alcohol beverages.
Another issue that is common, is the fact most of the traditional field sobriety tests are not very well-suited for women, and can make taking these types of roadside tests far more complicated for the average woman to perform correctly. The results of these differences in men and women taking these same sobriety tests in same manner, can make women seem to be more impaired than they actually are. Since these field sobriety tests are already subject to the bias of police officers and not necessarily the facts of whether a woman is truly under the influence or not, this is all the more reason of the importance to have a DUI arrest reviewed by us for help as soon possible.
10. Making A Strong Rising Blood Alcohol Content Defense
In any type of DUI case, there may be one or more defenses which could lead to the dismissal of the charges entirely, or a reduction to a less serious offense than driving under the influence. Among the most significant of these is the Rising Blood Alcohol Defense. While this type of defense to DUI charges is a relatively simple concept, developing this strategy will require investigation and analysis by experts in blood chemistry, toxicology, alcohol testing in this area of the law.
At the center of the Rising BAC Defense, is the recognition that Breathalyzer test results do not always truly show the accurate level of alcohol content in a driver’s blood. For example, if a person has one more drink just before driving their car, and if they get pulled over and have to perform the roadside breath test, there may be a higher level of alcohol on the driver’s breath, even though the alcohol in their stomach has not been fully absorbed into their system. With a proper examination of the facts such as the time of the last drink, the amount of alcohol a person had, and what DUI tests were used along with other details, it may be possible to show that a driver was not truly over the legal limit at the exact time they were first stopped by an officer. The skilled and local lawyers who review a person’s arrest information or questions submitted online to us, have studied of the science of breath testing and alcohol absorption, and we have worked with many experts to challenge BAC readings. We are here to provide the tools and information necessary to properly defend a driver’s rights, and get the best results possible.
11. Fighting A DUI Charge For Marijuana and Drugs
Quite often in DUI charges that involve a driver suspected of being under the influence of Marijuana or other drugs, the evidence from the arrest subject was obtained improperly. Once the circumstances of the arrest can be reviewed, an attorney may be able to find valid reasons why certain evidence relating to drugs or paraphernalia should be suppressed from being used in court against a person. Two of the commonly used defenses in a driving under the influence of Marijuana or drugs charge are:
- The evidence was obtained during an illegal search or invalid traffic stop.
- Probable cause to search a vehicle or a driver was not reasonable.
When a driver gets convicted of driving under the influence of Marijuana or another type of illegal drugs, a person will face the same costs and penalties as if they were found guilty of a regular DUI offense involving alcohol. What this means for a first offense drug DUI charge conviction is:
- minimum of 1 year in jail,
- thousands in mandatory DUI fines,
- a suspension driver’s license and Ignition Interlock installation requirement
- drug and alcohol counseling, in addition to regular DUI classes.
The costs and consequences with any DUI/DWI charge is high, including for a drug DUI offense. If a driver is arrested for driving under the influence of illegal drugs or even a small amount of Marijuana, a person will need legal help to fight the case successfully. We understand how the new DUI laws for drugs work in order to establish the most effective defense methods available. Once a driver provides their arrest information to us online, we can then discuss the case options and how it may be possible to fight for a dismissal in court.
Getting The Best Legal Help A Driver Will Need After A First Offense DUI Charge
If currently facing charges for driving while under the influence of alcohol or drugs, driving over the legal alcohol limit, refusal to take a breath test, or causing bodily harm or property damage, it is important that a person has their arrest examined online by us with a local and experienced DUI lawyer. Understanding the prosecution’s case, how the charges are fought, and what defenses are available based on the arrest details, is essential to knowing all of options available to possibly get the case dismissed. The attorneys reviewing a person’s arrest information or question that is submitted to us, all have a wide range of expertise when it comes to fighting a DUI and DWI offense case. It is these local expert lawyers from where a person will be going to court at and familiar with the prosecutors of the case, that can help provide you with sound advice and discuss what the best defense is based upon all of the specific case circumstances and information.
Even for a first offense for DUI or refusing to take a breath or blood test, it will have costly consequences to both a driver’s license status when an ignition interlock is required, and with high car insurance premiums. If found guilty, expensive penalties under the new laws are in place that can immediately affect a person’s current job, future employment opportunities, and including the ability to travel to another country. A driver does not need to let one mistake affect their future and life for years to come. When a local specialist DUI lawyer reviews a driver’s arrest information they submit online with us, they will then be able to help with possible ways how to avoid the expensive mandatory penalties for a driving under the influence conviction. The attorney who will review the arrest information submitted, will utilize their strong attention to the details to discuss with you how they can defend against the DUI charges and fight to get the case dismissed whenever possible.
No matter how bleak a case may seem when an arrest first happens, there are viable defenses to win against every type of driving under the influence charge scenario. This is because there are so many procedural rules and constitutional rights an officer is require to follow during a DUI or DWI arrest. Therefore, once an arrest is reviewed for defense options based upon what happened, an attorney explain with you how they can challenge the allegations through a variety of methods. A few of the most effective ways how they fight and beat a case include; getting the test evidence thrown out of court as a result of police mistakes or a violation of a driver’s rights, challenging technical aspects of the Breathalyzer and blood testing procedure, or challenging the officer’s reasons for the traffic stop. The DUI lawyers who analyze the arrest details online, will be able to discuss with you the best steps to deal with your situation, free and without obligation of any kind. A driver is entitled to seek legal help and consultation upon an arrest or detainment for advice, and our local lawyers are here to help discuss options for ways how to beat & avoid a first DUI or DWI offense case conviction and the resulting penalties in: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota,Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.