Updated April 23, 2018
How to beat a DUI case. That is the prime question. This is because the best answer to the question will always rely on each person's own unique arrest situation, and what a "win" means to them. To some drivers fighting to throw out a first-time DUI offense, the victory can be a fast reduction of charges to a less serious traffic offense which allows them to keep their license and prevent an ignition interlock installation. To other people, a victory is getting all charges dismissed and cleared in court without spending much money on legal fees.
On this page, we will eliminate some common myths or stories about how to win a DUI case involving alcohol, drugs, or test refusal to help people understand what beating a DUI can and should mean depending on different arrest scenarios drivers encounter. Please keep in mind, that an online arrest review with us will determine which customized defense is best to apply to your specific situation for the highest chances of getting dismissed.
If you have questions about ways to challenge your own arrest, we determine which legal technicality or motion will work best in combating any charges to get cleared in court. We also let you know ahead of time what to expect to pay for your own case, so you are never overcharged with any lawyer you may decide to hire to take on the case.
The only sure way how to beat a DUI or DWI charge of any type entirely, is by properly fighting against the details of the police officer's arrest report. This is done by being equipped in advance with case-specific legal counterpoints to prove enough reasonable doubt at the earliest court date to end a case, which is exactly what our online arrest review provides to help eliminate the cost of a lengthy legal process.
- Avoid A Lengthy Suspension Period Of Your Driver's License
- How To Use Your Arrest Information To Avoid A DUI Conviction
- Know The Best Ways To Truly Beat A DUI
- Defense Options For Ways To Defeat A DUI Charge & Avoid More Costs
- What Can The Review Of My Arrest Provide To Help Toss Out My Court Case?
- How To Acquit A DUI Offense When There Are Police Report Errors
- Case Studies: Ten Most Effective Ways To Clear A DUI Charge In Court
- Specific Ways Of How To Dismiss & Win A DUI Case In Your State
Your best chances of success in any court case is to know the best strategies as early as possible with expert advice to get out of an offense using the right legal motions. This is how DUI cases get dismissed and won most often.
Since each person’s own arrest situation is unique and different arrest circumstances can be very wide-ranging, not every DUI or DWI scenario discussed will necessarily apply to each person’s case. Therefore we have simplified the navigation below to go directly to the topics regarding ways how to challenge and beat the type of charge which is the most relevant to you.
1. Administrative License Review Suspension Hearing
The first step for what to do in fighting to get out of or beat any type of DUI-related offense case, is facing the DMV administrative license review hearing regarding whether or not if a person’s driver’s license will be suspended or not. A driver only has a limited amount of days from the date of the arrest to request a hearing, that will determine how long a suspension will be for, and if an Ignition Interlock will be required to get installed. By having your arrest details analyzed early as possible, a local DUI attorney that is well-versed in the Administrative review process can improve the chances of saving a driver’s license at this DMV license hearing.
2. Prevent Getting Fired For DUI
For most people who find themselves suddenly fighting charges and faced with the possible long-term consequences on their job and social life, they do not fully realize how a DUI will destroy a career in many job fields if they get convicted or plead guilty to the offense. This results in having a permanent record to now be found in a background check searchable by anyone, and can cause a person to get fired for a DUI or DWI arrest if not quickly taken care of or dismissed. However you do not automatically need to endure this result or outcome, which depends on the circumstances of your arrest, as well as how timely you take the proper action in helping your defense.
3. How To Challenge A Blood Test For Alcohol Or Illegal Drugs
Fighting to beat a DUI or DWI charge from blood test results for alcohol or drugs can quickly become technical and complex. The local lawyers online with us have the expertise and the resources to help a driver build a strong defense against the arrest. A lawyer will first examine all the facts and potential police arrest mistakes involved in the case, and can even use toxicology experts and other specialists to dispute or challenge the BAC results of a blood test sample.
4. What To Do For Winning A Breath Test Case
The timing of a police breath test demand at a traffic stop, and any later Breathalyzer testing at the station is critical to police evidence in DUI arrests. However what is even more important, is the arrested driver’s right to speak with a lawyer first and to be advised of his or her constitutional rights, which if violated can defeat the breath test case entirely. This is because the failure of the police officer to follow these or other rules can result in not guilty verdicts or charges getting dismissed – and many times they do with our help in time.
5. Fighting A DUI Test Refusal Offense
In order to establish the best way to beat a charge of refusal to take a breath or blood test for a DUI or DWI arrest, this often will come down to whether the request by the police officer that the driver submit to taking a breath or blood sample was legally valid or not. Being able to challenge the arresting officer on a test refusal offense case requires precise legal skill that we have of attacking the officer’s actions and observations. This is an effective strategy to help determine if the police followed the proper DUI testing law in making the demand of a driver to take the test in the first place.
6. How To Defend A Controlled Substance Prescription Drug (DUI-D) Charge
Driving under the influence of a controlled substance or prescription drugs is illegal, however it can also be very difficult to prove a drug DUI offense court. Everything from the police report of the arresting officer to the technical specifications of any breath, blood, or urine test equipment must be examined. We analyze a medication-related drug DUI-D case from every possible angle, so if there is a strong defense for ways how to dismiss controlled substance charges for these type of prescription or OTC drugs - we will find it after a thorough arrest review.
7. Legal Techniques To Dismiss A Driving While High Charge
Due to the newly passed laws regarding Marijuana, an individual needs to know how to legally protect themselves if arrested for a charge related to driving while high. There are many misconceptions about this type of offense, and the ways to fight against it. We will show you with proven case studies and using examples in recent national news of latest ways to defeat this type of THC-impaired driving case.
8. Challenging Urine Test Results
When a urine test is used by police to try and prove a DUI or DWI offense, a lawyer with us will use toxicology experts and other specialists to fight the collected police test results evidence. Our locally-based attorneys nearest a driver's location will bring technical disclosure motions if it helps win a case based on urine test results. These types of charges are usually for driving under the influence of drugs or prescription medication, and we would be pleased to help you understand what the best defense options are for how to challenge urine test results for this type of complex case.
9. Ways To Defeat A DUI Checkpoint Arrest Case
An arrest at a DUI checkpoint is one of the most controversial methods for people to receive a charge they end up unexpectedly having to fight in court. Experienced attorneys have provided the latest legal information that show that these checkpoint roadblocks come close to violating basic 4th Amendment rights. Based upon this new legal information, these lawyers know how to successfully strategize and defeat charges for a case based on these unfair and intimidating DUI checkpoints.
10. Several DUI Defense Options For Women
There are several key scientific and legal reasons that driving under the influence arrest charges against women are flawed, and good lawyers know how to beat certain types of DUI charges for many women who get arrested for this offense. More women are being unfairly arrested for drunk driving, due to testing procedures that don‘t take into account factors that cause women to register results differently than men. After being able to carefully examine the arrest details online, an experienced local attorney can help challenge the charges, and may be able to get them dropped for women fighting a drinking or drugged driving arrest when these circumstances apply for their case.
11. How To Win An Underage DUI Case
Any juvenile or underage driver with a BAC level of .02 or greater can be be charged with a DUI. In order to increase the chances to win, it is important for any underage or juvenile charged with a DUI or DWI to act quickly in the defense of his or her case, since a conviction at such a young age will carry with them indefinitely. After reviewing the circumstances online, an experienced lawyer will vigorously help defend you or your family member and fight for the best results possible in striving to get out of and clear this serious criminal offense for juveniles as well as adults alike.
12. Help For Defending A Property Damage DUI
There are a variety of ways how to defend a DUI offense with property damage. After first examining the arrest details online, a lawyer then will identify the potential weaknesses in the case, while keeping in mind all of the crucial parts the prosecution must be able to prove in court. In drunk or drugged driving arrests, individuals often will get charged with a property damage offense as a result of evidence that is collected by a police search. The online and local lawyers with us will assess whether any police search conducted was in violation of a driver's constitutional rights, and if the results of the evidence can be kept out in court.
13. Getting Out Of A Boating Under The Influence (BUI) Charge
The possible DUI penalties for Boating Under the Influence (BUI) are as serious as a vehicle drunk driving offense on the road, and include fines, community service, jail time, and/or DUI classes. Boaters of all ages carry substantial penalties and fines, and boaters under the age of 21 may be charged if they have a BAC of .02 or higher. By having a BUI arrest details analyzed through us free online, it can help a person get the answers leading to the best possible results for in this type of case, and possibly get out of an operating under the influence charge while operating a boat.
14. Keep A CDL License After A DUI
A DUI while driving with a CDL or commercial vehicle is a very serious offense, and carries some of the strictest penalties. This is because of the severity of the damages that can result from an accident with a commercial vehicle or truck, there is a lower threshold of intoxication allowed by law. The information obtained after examining the arrest details, provides legal methods which could help keep a CDL license and get out of a DUI charge with a commercial vehicle, if the attorney reviewing a case can find things based in the arrest information to use to a CDL driver's advantage.
15. Ways To Defend A Military DUI Charge
For a DUI or DWI charge while serving in the Army, Marines, Navy, Air Force, National Guard and Military Reserve, is the consequences and penalties of a conviction can be more severe than a typical civilian. If a serviceman does not beat the offense and gets found guilty of a driving under the influence charge, a driver in the military punished by court martial will usually result in a more serious punishment. One similarity in exploring ways of how to defend and both a civilian and military DUI arrest charge case to get dismissed in court, is a qualified local lawyer finding possible mistakes made by officers during the arrest to be used to a person's defense advantage.
16. Options To Get DUI Or DWI Offense Charges Dropped To Reckless
In many driving under the influence offense cases, there is issues with the prosecution's evidence such as a bad Breathalyzer test reading or blood test protocol not followed properly. Once a local DUI lawyer can review the arrest online with us, they may be able to provide a valid and strong defense to challenge the test results, which can prevent the prosecution attorney's ability to prove the case beyond a reasonable doubt. This is just one example of many that can get the DUI or DWI charges against a driver reduced or dropped altogether.
17. Know How You Can Avoid A Suspended Driver's License In Time
After a person is charged with driving under the influence of alcohol or drugs, there is a mandatory driver's license suspension and Ignition Interlock requirement afterwards for a conviction of the offense. Due to how devastating losing a license will be with a conviction or guilty plea, many people choose to fight the charges with our help because when successful, they can avoid a driver’s license suspension and a permanent criminal record. This specific area of criminal law for DUI and DWI is one of the most complex and detail-oriented, and our expert local lawyers know exactly what to do for helping with legal ways how to save a driver's license, and their personal freedom.
18. How To Get Out Of A DUI Case Based On Arrest Specifics
When charged with a DUI, it is important to realize there is immediate action to take with learning potential ways of how to get out of the case and the charges you’re facing. The consequences this offense can be serious and long term on many aspects of your everyday life. That is why it is essential that you get the details of your arrest examined through us online, to find out possibilities how to beat the charge and get a DUI case dismissed if there any errors or mistakes during the course of your arrest.
Why Timing is Everything if You are to Avoid a Lengthy Suspension Period of Your Driver’s License
Once a person gets arrested for a DUI offense, the police may have taken the driver's license and provided the individual with a temporary license. This typically comes along with another paper which is the notice of suspension of a regular state-issued license. The pending cancellation of a valid driver’s license status will go into effect within 10 to 30 days of the arrest date. It is essential to know every possible way how to win at the administrative license DMV hearing which comes next at the end of those limited number of days. This is important because a person will then be given an official license suspension for an average minimum time period length of 12 months for a first offense if they lose at this hearing.
Even in first-time offender cases when a driver has refused to blow into the Breathalyzer or submit to a blood test or urine screening, an individual will still be facing the same license revocation penalty as if they had taken a chemical test and failed. If a driver has a prior DUI already on their record and is fighting a new charge as a second offense within 10 years, they will be facing a longer time with a suspended license ranging from 2 to 5 years on average under the new repeat offender law. This is another reason why a person who may be leaning towards attempting to fight a DUI without hiring a lawyer, needs to be aware of the stakes of such a decision.
What many people don't realize in enough time, is the suspended license will still happen if they lose at this first DMV hearing, even if they later get the criminal part of their case dismissed in court. This is due to the fact the administrative license hearing is an entirely separate case from the criminal court case. For people who hesitate in learning how to fight a suspension at this hearing which comes up fast in just a matter of days, the odds are very slim they will be keeping their license afterwards. This is precisely what our arrest review works to prevent and save your license in time.
We will then be able to show the applicable legal technique needed to challenge the evidence which can get a pending license suspension cancelled.
It is also important to note, that failing to schedule or appear at the an administrative license DMV hearing within the limited number of days written on your notice of suspension papers, will automatically result in the full punishment of the suspension period taking effect.
How to Use Your Own Arrest Information to Your Favor and Avoid a DUI Conviction
When the police arrest a driver on suspicion of DUI or DWI charges, they often make a great effort to convince the person that the case against them is already set to be proven guilty in court. This however is a common ruse officers use to get an arrested individual to unknowingly give the police more evidence to use such as by keeping the individual talking, or misleading them that taking the breath test is the only way out of the charge.
There are many defenses that can be used to defeat a DUI using this negative police report to your advantage. This is because officers often overreach when attempting to gather enough evidence when trying to justify a DUI arrest for court, and we are seasoned experts at finding and challenging these details during an arrest review to get tossed out from being used against a driver. While the police are trying to pull every trick they know in their book to accomplish this, we know how to combat these unfair tactics using several defensive strategies available. This happens to be one of the most effective ways how you can avoid conviction and a dismiss a case swiftly.
Here are 6 of the most frequent examples of wrongful police tactics found during our online arrest review that we can show ways of beating DUI charges which are pending:
- The police not having sufficient legal reason for pulling over a driver in the first place
- Crucial procedural errors were made by an officer during any point of the breath or blood testing process
- A driver wrongly assumed to "look under the influence of drugs or alcohol" without any other justifiable cause
- Violation of a person's Constitutional Rights, such as police not reading Miranda Rights at the appropriate time
- Unique factors about the arrest prove the charge is not legally valid, such as an officer changing the reason they stopped a driver after the fact
- The evidence police gathered or stated in the report is not enough to pursue the case beyond a reasonable doubt
If an individual has been charged with any DUI offense involving alcohol, drugs, or refusing to take tests, these and other defense scenarios may apply to dismiss a case. Our arrest review will help determine which defense will work best with the highest probably of success to work defeating the charge. However, the importance of utilizing our free service soon after an arrest occurs is crucial to case odds, since many defenses in this field of law are time-sensitive before both driving and monetary consequences begin to take effect.
Since many charges today are fought based on the science of the chemical analysis with blood or breath testing, we have the right experts in this field of law on hand as a toxicologist is often very successful in contributing to getting DUI-related cases dismissed.
The following information below this point will tell you the best legal methods used for ways how to beat a DUI charge case in court successfully. However unlike the rest of the sources online that provide general information on this topic, we are able to tell you exactly how to do it for your own situation. Whether a person decides to get help from a lawyer in person or online, the only way any attorney will accomplish this is by first reviewing the arrest details to analyze which defensive strategies or legal technicalities will work according to the specific events and situation. By simply letting us take a look at your arrest online, we will show you exactly what to do today without ever having to spend a dime or leave your house.
With these facts in mind, please take your time and read about the best methods used which people most often have their case dismissed or charges get dropped. When you feel you are ready, we will analyze your arrest online and be able to show you how to win using the right strategy that has the best chances to quickly clear all the charges.
This is How You Will Know all the Best Ways to Win a Case and Truly Beat a DUI
Every person has the legal right to fight to beat the DUI charges and prevent losing a driver’s license with a suspension or avoid the punishment of having to use an ignition interlock. In order to accomplish this in time, a driver will need a specialist in this field of law advising them how to properly help clear the negative effects of this charge. We will carefully look at the facts of the arrest to ensure that all the best defense options are used within the limited window of time they will work, and before the worst consequences start to take hold.
Regardless if it for alcohol, Marijuana, or even prescription medication, every single type of DUI-related charge is fought by challenging the specific reasons for the arrest the police put down in their report. This is exactly where we step in to provide the legal strategies needed to counter these police report details, as soon as we are able to analyze a person's own circumstance online to help.
Our free legal organization of the nation's top DUI specialist lawyers is dedicated to informing drivers how to win DUI cases ranging from a first-time offense driver blowing over the legal limit, to the most complex of cases. Any type of DUI or DWI charge today not only causes embarrassment, but it can truly end a person's job in an instant once it becomes public knowledge. Now is the time to know about all of your true choices with realistic chances each one has to win and get a dismissal.
The sole purpose of us looking at a person's charge details is to give people arrest-specific advice about ways to beat the case quickly, without any other obligation or fees to pay. This is precisely what results you can expect and will get from our free lawyer help online. We handle thousands of DUI cases each year for courts throughout every state of the country, and we provide the benefit of this experience with successful outcomes at no cost.
Defense Options For Ways How to Entirely Defeat a DUI Charge & Avoid More Costs
Did you know that even if you failed the Breathalyzer or blood test under the 2018 law, we can still prevent you from being found guilty?
A DUI arrest review can help:
- Keep your driver's license
- Avoid an Ignition Interlock
- Prevent a criminal record
Defending a case works this way because the individual BAC test results and other evidence of what is written in the police report, is always different for every single driver who gets arrested.
Sometimes these differences are minor and in other scenarios they are not, but no two cases are ever exactly alike in precise details. Establishing the best method of defense to use is entirely based on this crucial information.
With this fact in mind, we have outlined the most common DUI and DWI arrest scenarios that happen most frequently, along with certain defense tactics used of how they can get dismissed and thrown out of court before trial.
These are proven case examples of the ways top lawyers use for how to acquit each major type of driving under the influence of alcohol or drug offense, by using a driver's own details of events that occurred.
What can the online review of my arrest provide to help with methods to toss out my DUI or DWI court case?
In order to have the best odds in your favor to win, you will need different ideas that work quicker to beat a DUI which are proven to have much higher chances of dismissal in court. Simply going through the motions waiting for each court date, severely limits both a person's defense choices and case chances.
For example, at what point did the officer read you your Miranda Rights? Was it at the scene of the traffic stop, or later on at the police station? Some lawyers don't think this timing of Miranda Rights being read is all that important, due to all the legal loopholes police have regarding DUI-related arrests under the new laws.
Due to our several years of collective experience of winning case results, we know exactly what works and what doesn't with the most effective ways to fight DUI charges. This includes understanding just how important the timing is of you being made aware of all your rights - including Miranda.
This is because we realize how crucial it is if the arresting police officers were hesitant or even sloppy in this part of the arrest procedure. Drawing from our experience when we review these scenarios that happen with drivers, we know the odds are greatly higher that other critical arrest procedure or testing mistakes were made by police as well.
Like with all people, police officers are creatures of habit too. For example, if an officer routinely makes a high number of DUI or DWI arrests, they will often follow a common pattern of action. Recent national news reports about drivers charged wrongfully for DUI, have shown why an officer with a high number of drunk or drugged driving arrests, is not at all an indicator these charges against a driver were justified.
This is precisely why informing us of your basic arrest specifics will make all the difference. We will be able to find out anything and everything that could be wrong with your arrest, including rights violations you may never otherwise be aware of which could defeat the case. Getting charges dismissed can happen faster than you think, when certain defenses may apply and are used in enough time to work for a pending DUI case.
To fully understand the impact of the laws, it is also important to know about how the Government drunk driving laws work with their strategies to prevent or reduce drunk driving that have been demonstrated to be effective in reviews by the National Highway Traffic Safety Administration. (Source: CDC.Gov)
How to Acquit a DUI Offense When There are Police Report Errors
Police mistakes either with BAC testing technicalities, the officer's report, or the reason for stopping a driver to begin with, is a very common case acquittal factor in "how I beat my DUI" case scenarios for many people. This is why every detail must be explored right away, since time is so limited to act before court.
The national percentage of DUI cases dismissed is lower today, due to how fast the newest laws are designed to work with punishments taking effect. This outcome happens because many people only realize too late after the fact, that the window of time to act was limited to the short period following an arrest, before the first important court dates occur.
One of the first things many people do after getting arrested, is to Google all the best ways how to fight and defeat a DUI misdemeanor offense quickly as possible. This is entirely understandable, since the majority of drivers choose to contest the allegation and not passively accept punishment. Moreover, they want to know what to expect for the total cost for a case, along with what happens to their license with the new 2018 law.
For those unclear on the technical specifics of the law, U.S. Code under 36 CFR 4.23 describes in legal terms what operating under the influence of alcohol or drugs is, and how blood alcohol content (BAC) or drug intoxication is measured to charge an individual with this criminal offense.
As the top drunk driving defense attorneys advise through their vast experience, the highest chances of success to get charges dropped or a DUI transgression dismissed in court, is when a person takes action immediately after an arrest to challenge the breath or blood test evidence collected by police.
How long does the DUI process take to defeat or dismiss a pending court case? When a fast response time against this offense is utilized to establish a winning strategy, it is also the most effective approach at preventing certain initial costs and newer consequences from taking effect such as the expensive Ignition Interlock device in order to legally drive again.
After being arrested for drunk driving or operating a vehicle under the influence of drugs, a case moves quickly and high legal expenses will begin to accumulate just as fast. You undoubtedly have questions and concerns, and every DUI case regarding the circumstances of the arrest are unique in nature.
Therefore by letting us know the events of your arrest with the free review form on this page, we can help you because we may very well be able to find a victorious defense against evidence that will effectively wipe out your charges without any fines, loss of drivers license, or possible jail time.
Your best odds of an exoneration in any court case is to know the best strategies as early as possible in how to get out of an offense. This is definitely true when learning what to do for ways how to fight and win a drinking and driving case to acquit the charges in court regarding DUI police report errors.
Before you hire a lawyer, know how much your case is supposed to cost so you are not overcharged. There are also signs you should know to look for, to ensure any lawyer you do decide to hire, is truly putting in their full effort for your case.
Too many attorneys will quickly take a client's money, only to put forth minimal action and have a driver take an easy guilty plea, when a DUI case could have otherwise been won or dismissed.
Additionally, there are defensive steps you can take now to prevent a suspended license at your first court hearing following the arrest. We also provided a guide to download at your convenience which explains what to do in precise detail.
An added benefit of our online arrest review is that we explain these details for how they specifically apply to your legal defense. This way you will have the advantage of being in an informed position about your true case options, before writing a check to any unfamiliar attorney.
Since each person’s own arrest situation is unique and different offense circumstances can be very wide-ranging, not every DUI vs DWI scenario discussed will necessarily apply to each person’s case.
We therefore have simplified the navigation above this page, to go directly to the topics regarding instructions to challenge and win against the type of transgression which is the most relevant to you.
Case Studies: Ten Most Effective Ways to Clear a DUI Charge in Court
Last Drink of Alcohol Defense
The police sometimes arrest a driver, a very short amount time after the person had his or her last drink of alcohol. A specialist DUI lawyer's argument works to show how the alcohol consumed shortly before the traffic stop, is not yet over the legal BAC limit in the subject's blood at the time they were driving and stopped by the officer.
Because the alcohol reading in a person's blood rises in the first couple hours after the last drink, this explains why the reading would register higher in the blood at the time of any breath tests submitted later on at the station or hospital. This crucial time factor between the moment a driver is stopped by police, to when breath test was taken after the arrest, make the BAC results open for challenge with the right legal help.
Contradictions of Details Between Police Officers
This is a common situation that happens in DUI cases, when different police officers describe a driver's signs of alcohol or drug intoxication differently. One officer might say you were pulled over for one particular reason, while another said something different after the fact.
The officers are expected to be observant and to take accurate notes on these important facts in their police report. Contradictions in these critical details of an arrest could prove plenty of reasonable doubt about whether you really appeared to have signs of driving under the influence.
Knowing how to precisely fight this type of discrepancy of information at the beginning of a case, is one of the best ways to successfully exonerate a person from a DUI or DWI charge in court quickly. An added benefit of this victory, is it will spare a driver from paying significant legal costs.
Proving the ID of the Driver
This type of DUI defense is applied whenever the police did not actually witness a driver behind the wheel. Typically this happens when another person has called in a report of a suspected DUI driver, or in accident situations where the police arrive on the scene afterwards.
Both the police officers and the prosecution attorney will need sufficient evidence to prove who was really driving, and that you were the one operating the vehicle at the precise time in question. Additionally how we are able to help, is there are complex set of rules that apply to any statements that you may have made to police. Therefore when defended properly, much of the statements can be excluded from evidence when you know how to utilize all of your rights effectively.
Late Breath Testing
An approved breath test screening device request by the police must be given to a driver as soon as reasonably possible during a suspected DUI traffic stop. In many cases, the officer does not have the proper Breathalyzer device with them, so they have to radio in for it to be brought to the scene by another squad car.
Meanwhile, a driver is left waiting and wondering as minutes go by, why they are still not allowed to leave. In these scenarios when there is unreasonable delays in the time a driver has their BAC tested, the prosecutor's case may be very weak.
No Right to Lawyer Granted When Requested
After getting pulled over and detained by police, you are entitled to speak with a lawyer at your earliest opportunity that you request one. If asking to first talk with an attorney happens to be right at the scene of the stop before taking sobriety tests, and no attempt is made by the officer to let you contact a lawyer, it may be a winning defense against a DUI charge for blowing over the .08 BAC legal limit.
This strategy can also work on Marijuana and other drug related DUI offenses, when it can be shown that a driver's right to speak with legal counsel has been violated.
Officer is Not Trained Properly to Operate BAC Test Device
Sometimes in the field when conducting traffic enforcement, the officer who administered the blood alcohol content (BAC) test, is not properly trained on the DUI device testing equipment they are using on a driver they have stopped.
When this fact can be uncovered after reviewing an arrest, a strong challenge to exclude the test results in court is very likely to succeed.
Arrested For DUI Without Probable Cause
If a DUI or DWI case goes to court and the defense can show valid reasons that you were arrested without sufficient probable cause, any failed breath or blood test readings is likely to get excluded as evidence against you.
Additionally if the initial reason why you were pulled over in the first place is fought and proven to be invalid, any charges that followed after such as the DUI - must be exonerated as well under the law.
Prosecution Attorney's Toxicologist Report is Not Accurate
In several types of drunk and drugged driving offenses, the attorney for the prosecution relies the heart of their case on what their supposed "expert" toxicologist says.
However after a driver's own arrest specifics are properly analyzed with us, it is not uncommon that a seasoned DUI defense lawyer can find plenty of flaws with the BAC toxicologist's analysis of the test results. They use their acquired skills to crush the prosecution’s case.
Chemical Test Samples Not Taken Right Away
With every DUI and DWI arrest when a driver has taken a chemical test to detect alcohol or drugs in their system, the samples must be taken as soon as reasonably possible in order for the police to use the results as evidence of intoxication in court.
Improper delays in both taking the test sample, and processing results occur frequently, which often leads to acquittals of these cases.
Breathalyzer Not Maintained or Used Improperly
In fighting some DUI cases for a full dismissal of charges, there is evidence that the Breathalyzer machine used for testing a person's breath sample has not been adequately maintained or operated properly under test procedure law.
Since challenging this types of case is often highly technical, the best DUI defense lawyers can involve science experts to successfully prove how the breath test for accurate BAC readings went wrong. If the judge agrees that the breath testing machine results cannot be entirely trusted as correct, the BAC samples will be suppressed from the prosecutor's evidence and the case will be tossed out in court.
Specific Ways of How to Dismiss and Win a Pending DUI Case in Your State
In order to find the best case winning defenses how to have a DUI dismissed and get your license back quickly after getting arrested for this transgression, it is first important to understand the difference in legal definitions for the criminal allegation.
Driving under the influence (DUI), or driving while impaired (DWI), is the crime or offense of operating a vehicle while impaired by alcohol or other drugs (including recreational drugs and those prescribed by physicians), to a level that renders the driver incapable of operating a motor vehicle safely.
A recent study by WalletHub also has shown how strict the state penalties are on DUI today.
Most people who get booked are facing a BAC test refusal case, a first-time misdemeanor, or as a repeat offender with a second DUI now pending. Taking proper action today, will make use of the best online free resource to have the particulars of your situation analyzed for methods to toss a charge out of court.
With no obligation of any kind to use, the top DUI lawyers near you will review the legal specifics. Their expert legal advice can be your best successful DUI defense strategy in exposing case strengths and possible errors to be used to your advantage that acquits the offense.
What happens next, is discussing your strategic court options with you. This conversation will also breakdown what fees you can expect to pay for your own case as well.
Time is essential with every ordeal in what actions to take after an offense allegation occurs. We provide case winning solutions which set you on course in right direction for getting rid of any charges at your court date.
Utilizing this help finds every possible way or legal technicality based on your unique arrest, to have a case get thrown out effectively. While these instructions apply to every state, each has their own set laws for consequences to begin. This is why you need to know precisely how much time you have to beat a DUI for a dismissal of a case to happen in:
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
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There is nothing to lose, and only everything to gain by having more DUI/DWI specialist lawyers take a fresh look at your transgression. These local legal counselors search for any arrest flaws to use as an advantage in getting a case dismissed before trial, where another attorney may have overlooked completely. This is both the fastest and best way to fight DUI offenses and defeat a pending case indictment entirely.
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