3 Reasons You Should Always Fight a DUI Charge
If you’re facing a DUI charge, you may be so frustrated and hopeless that you think you should just plead guilty and get it over with. However, this is rarely the answer. Regardless of the underlying circumstances, it almost always makes sense to fight your charges.
Wait! Don’t Plead Guilty Just Yet
A lot of people are under the impression that a DUI charge is basically a guaranteed conviction. But nothing could be further from the truth.
“I cannot tell you how many people I represent on a second or multiple DUI who just pled guilty to their first DUI,” attorney Andrew C. Beasley says. “Either they thought it was only a weekend in jail, or they paid a small fee to a young lawyer who told them to plead guilty at the first court date, or they thought their case was hopeless so they pled guilty.”
The reality is that a lot of DUI charges end up getting dropped or reduced, even when the driver was likely under the influence. That’s because there’s more to these cases than initially meets the eye. And if you’re facing a DUI charge, you need to fight back.
3 Ways to Fight Your DUI Charge
Fighting a DUI charge means identifying the weaknesses of the case and working with an attorney to leverage the appropriate defense based on these vulnerabilities.
Here are three common ways to fight a DUI charge:
1. Question the Accuracy of Breathalyzer Tests
Breathalyzer tests are commonly used to measure blood alcohol content (BAC), but they aren’t perfect. There are several factors that can affect the accuracy of these tests. For instance, improper calibration, user error, or even certain medical conditions can lead to false readings. If your breathalyzer test was not conducted correctly, the results might not be reliable.
An experienced DUI attorney can investigate the specifics of your test, including the maintenance records of the breathalyzer device and the training of the officer who administered the test.
By questioning the accuracy of the breathalyzer results, your lawyer can create reasonable doubt about your BAC level, potentially leading to a reduction or dismissal of your charges.
2. Challenge the Legality of the Traffic Stop
For a DUI charge to be valid, the initial traffic stop must be lawful. Police officers need a legitimate reason, or “probable cause,” to pull you over. This could be due to a traffic violation, erratic driving, or some other suspicious activity.
If the officer did not have a valid reason to stop you, any evidence gathered during the stop, including breathalyzer results and field sobriety tests, may be inadmissible in court.
Your attorney can review the details of your traffic stop to determine if it was conducted legally. If it wasn’t, they can file a motion to suppress the evidence obtained from the stop. This could weaken the prosecution’s case and may lead to a dismissal of your charges.
3. Consider the Conduct of the Arresting Officers
Police officers are required to follow specific procedures when conducting a DUI arrest. This includes how they administer field sobriety tests, how they handle breathalyzer tests, and how they interact with you during the arrest. Any deviation from proper protocol can be grounds for challenging the DUI charge.
For example, if the officer failed to read you your Miranda rights, or if they coerced or intimidated you into taking a test, these could be violations of your rights. Your attorney can scrutinize the conduct of the arresting officers to identify any procedural errors or misconduct.
Hire a Lawyer and Fight Your Charges
Navigating the complexities of DUI laws without professional help can be difficult and overwhelming. DUI laws vary by state, and understanding the nuances of the laws in your area is crucial for building a strong defense. An experienced DUI attorney has the knowledge and expertise to handle state-specific complexities and knows the case law in your area.
On top of this, a skilled attorney can negotiate with prosecutors to potentially reduce your charges or penalties (based on factors like the ones we discussed above). They can also represent you in court if things go that far.
If you’re on the fence about whether or not to hire an attorney – or you find yourself trying to go the cheapest and most convenient route – consider the potential consequences you’re facing with a conviction.
Pleading guilty to a DUI charge can have long-term consequences that extend far beyond immediate penalties like fines, license suspension, or even jail time. A DUI conviction can impact your employment opportunities, as many employers conduct background checks and may be hesitant to hire someone with a criminal record. It can also affect your ability to obtain certain professional licenses or certifications.
If that weren’t enough, there’s the increased insurance premiums, and in some cases, insurance companies may refuse to provide coverage altogether. By fighting your DUI charge, you have the opportunity to avoid or minimize these lasting effects.
