If you have been arrested for a DUI, you may be wondering, “Can I beat this thing?”. With the help of a good DUI Attorney, you may indeed be able to. Below we have listed six possible ways to beat a DUI. Realize this list is not exhaustive; if these six do not apply to you, be sure to contact a local DUI Lawyer to discuss other defenses that may help you beat your DUI.
6. Refusal of the breath test: A constitutional right
You can choose to refuse to blow in the breath machine. But if you do, the State will say that it reflects a guilty mind. In other words, “he could have blown into the machine. He chose not too, knowing his license would be suspended. Therefore, he must have a guilty mind, and is therefore guilty”.
A good DUI Attorney can attack this: We all have a constitutional right to say no to the police when we want to. And frankly, if the person believes he should never been arrested in the first place, why would he choose to cooperate with the cop anymore? Pointing out to the Jury that a refusal means nothing more than an exercise in a person’s constitutional right is one way to beat a DUI.
5. Ignore the Unreliable Field Sobriety Exercises
At its heart, a DUI is the inability to perform normal functions normally. In that regard, why does the cop choose to have you perform abnormal exercises to test normal functions? Ever see someone walking down the street heal to toe with arms down by the side? Ever see someon just hopping on one foot? No! A proper defense based on the abnormal use of the field sobriety exercises is one way to beat a DUI.
4. Attack the Unreliable Field Sobriety Exercises:
As a strategic matter, your Attorney may alternatively decided to attach the exercises as scientifically unreliable. Studies suggest that the exercises only casually show impairment, and that is but approximately 65%-75% of the time. If the State chooses to make the exercises seem scientific, then the DUI Attorney may choose to point out all the slight deviations the officer makes from the standard operating procedures for the exercises.
3. If a Picture is worth a thousand words, then a video is worth…
Two words: Not guilty. Cops are trained to make your performance on field sobriety exercises sound like the worst thing in the world. If the officer has videotaped your performance, then the video tape may contradict the testimony of the officer. In such a case, the contradiction will infuriate the jury, and may help you beat your DUI.
2. Not following the breath test rules
A Breath test machine is not the most accurate way to check the amount of alcohol in a person’s blood. (The best way would be to check the blood!). However, actually drawing blood can be expensive and intrusive. So the States have tried to make the breath test machine as “scientifically valid” as possible… But the only way to elevate the breath test to a “scientifically reliable” test is to put procedures and rules in place that must be repeated and followed precisely every time. This, in theory, should limit the possible breath test errors.
What if the State or the cop did not follow all the rules? Then the breath test may be thrown out, and you may be able to beat your DUI.
1. 4th Amendment Violations: The Cop should never have pulled you over in the first place
This is the number one way to beat a DUI. You, and all citizens of the United States, are protected against unreasonable searches and seizures from cops and other governmental agents. If the cop seizes you without a valid reason, then the Judge will suppress, or throw out, all the evidence that was gathered by the officer subsequent to the bad stop. Practically speaking, that means that if the cop pulls you over and he should not have, then evidence like his identification of you, your field sobriety exercises, or the breath test machine will be thrown out of court. The State Attorney will then have to choice but to dismiss your case.