A DUI can leave a black mark on your record and even net you some jail time. Authorities arrest over a million Americans a year for DUI.
Learning how to get out of a DUI is all about knowing the law and how it pertains to your specific incident. Matthew Leyba lawyer can help you get out of a DUI, but you need to have a strong case.
Learn what it takes to substantiate your case right here. That way, if the police caught you driving under the influence you can move on.
Challenge the Traffic Stop
The apriori of any evidence against you in a DUI case is the legality of the traffic stop. Challenge the apriori and you may get your charges dropped.
If the officer pulled you over without probable cause, everything that followed after this illegal traffic stop is null and void. Even if you were pulled over at a random checkpoint, officers still need probable cause to search you or ask you to step out of the vehicle.
If you kept quiet and refused any attempts at coercion to leave your vehicle, you may do fine in court.
These stops are a blatant slap in the face of citizen’s freedom of movement bestowed by the Constitution. Due to this, many State Constitutions prohibit random DUI checkpoints.
Even though these stops have been found constitutional by the Supreme Court, there are specific procedures that officers must follow for them to hold up in court.
Chances are, officers may not have followed these procedures to the letter and you may be able to get your charges dropped.
Also, to avoid future DUI’s, keep in mind that police departments are legally obligated to make the location of these traffic stops public knowledge before setting them up.
Find what website they post on to stay informed for next time. Many times there are local groups on social media sites such as Twitter that disclose the locations of these checkpoints in real-time.
Stay informed to avoid being stopped at a DUI checkpoint. Better yet, don’t drive drunk in the first place.
Challenge the Testing Methodology
Field sobriety tests are one of the easiest pieces of DUI evidence to overturn in court. These tests are very subjective and rely on the opinion of the arresting officer.
If you were given a breathalyzer things may be a bit more complicated. Even still, a good DUI attorney can still challenge a breathalyzer’s results.
Sometimes these machines are wrong and record things like mouthwash residue as you being intoxicated. Other times acid reflux can cause a false positive.
No machine is perfect, especially when administered by human officers. Have your lawyer use this to your advantage, especially if this was a first offense DUI.
You also want to keep in mind the temporal range in which you were tested. Did you crash your car and get breathalyzed after the fact, or get a blood test later at the hospital?
If so, there could be a reasonable doubt that you may have had a drink between the time you crashed your car and the time you interacted with authorities. The prosecutor must prove guiltiness beyond a reasonable doubt.
When you are ready to secure your day in court click https://www.thehardylawfirm.com/ to contact the very best in DUI lawyers. That way you can leave this whole mess behind you.
Disclose All Health Conditions
Some health conditions can cause you to fail field sobriety tests. Also, conditions such as diabetes can cause you to fail a breathalyzer.
Disclosing all of your unique health conditions in advance will give your attorney some options to work with when substantiating your case. Even something as simple as being on certain diets like the Atkins diet can cause your body to produce alcohol that the breathalyzer misinterprets as intoxication.
If you can substantiate your medical record and dietary habits you could stand a chance of getting the charges reduced or dropped.
Work With the Prosecutor
If your lawyer does a good job challenging the testing methodology and the traffic stop itself, there will be a weak case against you. The weaker the case, the more lenient and flexible the prosecutor may be with your charges.
They may offer you a plea deal for a much lesser charge than driving under the influence. Maybe they will lessen your sentence to community service instead of jail time.
A good DUI lawyer should have plenty of experience negotiating with the prosecutor. This is one of your best bets when it comes to getting out of a DUI or getting the charges reduced.
One of the best ways to get the severity of your charges dropped is to prove your commitment to reforming your ways. Offer to take substance abuse classes as an alternative to harsher sentences.
If this was your first offense DUI you have a much better chance of getting out of harsh charges. If you are a repeat offender, you will probably see some heavy fines, a license suspension, and even jail time depending on your state.
Working with the prosecutor, after substantiating your case is one of the best ways to get charges dropped or reduced. Let your lawyer negotiate for you to avoid any legal missteps.
The Best Theory on How to Get Out of a DUI
The absolute best way to get out of a DUI is to not drink and drive in the first place. Every year thousands of people a year die in drunk driving accidents. If you drink, never get behind the wheel. It is never worth it.
That being said, if you were caught in the social dragnet that is probation for a DUI enforcement, learn from your mistakes and don’t become a repeat offender.
Get the Right Lawyer
If you want to know more on how to get out of a DUI, your best bet is to contact a DUI attorney. Everybody makes mistakes, and driving under the influence is a big one.
That being said, chances are the arresting officers made a few mistakes of their own during their traffic stop. Contact a DUI attorney to substantiate your case today. Make sure to check back with our page for more vital information.