How To Avoid Being Convicted For DUI

From the standpoint of a prosecutor, a DUI case becomes more difficult when the defendant retains a criminal defence lawyer who knows different tactics to defeat the charges. The criminal defence lawyer will immediately file a motion for discovery which requires the state to turn over all the evidence in its possession. Once the information has been obtained, the lawyer will start to poke holes into the state’s case.

The law on driving under influence (DUI) makes it illegal to operate a motor vehicle after consuming a specific amount of alcohol. A DUI case is considered criminal in nature even if includes civil penalties like suspension of driving privileges.

A conviction for DUI will be based on the amount of alcohol on the defendant’s blood which must be measured immediately after the arrest. The legal limit of blood alcohol content in most states is .08. It only requires the state to prove that a test was administered and the results exceeded the legal limit. However, a good criminal defence lawyer can find week spots in a seemingly solid DUI case. Law enforcement usually tests an individual’s blood alcohol content through a Breathalyzer; however, while the device is reliable, results can be inaccurate if improperly maintained, operated, and calibrated.

When blood alcohol content is not available or it does not exceed the legal limit, a defendant can be prosecuted if the state proves that he has consumed alcohol to a certain degree that makes him unsafe to drive. The state will use the testimony of the officer, statements by witnesses, field sobriety test results, and audio or video recordings.

A good criminal defence lawyer can find deviations from protocol from the way the vehicle was stopped to investigate for DUI without any reasonable suspicion that a crime or traffic violation is taking place. A lawyer can suppress all evidence that was collected to make the state’s case difficult to prove.

If you are arrested for DUI, call immediately so that action will be taken right away. With a good lawyer by your side, your constitutional rights will be protected and you can avoid the suspension of your driver’s license.

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