The average person still assumes that an arrest for DUI is the virtual equivalent of a conviction for DUI. After all, why would the police go to all the trouble of arresting you if you aren’t guilty? Fortunately for anyone actually facing the charge, there are several ways to avoid a conviction for driving under the influence, and an arrest doesn’t automatically mean a conviction. However, “beating” a DUI charge will require the help of an experienced DUI defense attorney. Good DUI defense lawyers win these cases every day. Depending on the details of your case, a number of defense strategies may be available to you and your attorney. Here are several common (and frequently successful) defense approaches:
- Dispute the intent of the officer who stopped you. Law enforcement officers must have a legitimate reason for pulling over a driver for suspicion of driving under the influence; it’s constitutional law. If a legal reason for the stop cannot be offered, there was no legal basis for your arrest, and the charge will be dropped.
- Dispute the results of field sobriety tests. Field sobriety tests are notoriously unreliable. An arrest based upon any of the common three field sobriety tests should be challenged aggressively.
- Dispute breathalyzer test results. While breathalyzer tests are somewhat more reliable than field sobriety tests, breathalyzers must be used properly and calibrated accurately or the results will be inaccurate.
- Dispute the results of the blood test. Blood tests must be conducted by adhering to well-defined guidelines. If the procedures were not followed precisely, the blood test’s results may be inadmissible in court. If you are taking any medication that contains alcohol, a blood test will render inaccurate results.
These are only several of the strategies a good driving under the influence defense lawyer may pursue in your defense. If you’ve been charged with driving under the influence in California, or if you face the charge in the future, don’t despair; you can “beat” the charge if you obtain the services of an experienced DUI defense attorney as quickly as possible.