What Are My Chances of Beating a First Offense DUI Case?

The odds of getting out of a first offense DUI, DWI charge always depend on how soon a person can establish the best defense to fight any BAC test results evidence, and/or identify legal technicalities in the police report or paperwork. Driving under the influence by alcohol or drug, including but not limited to illegal drugs, Marijuana, prescription medicine, and over the counter medication can lead to serious criminal charges even as a first-time offender.

Being arrested and charged with DUI or DWI is a very serious matter, that many first-time offenders don’t fully realize until after a conviction or taking a quick guilty plea they later regret. Every DUI arrest and case has its own unique set of circumstances, and no lawyer can give an exact percentage chance of the likelihood that someone will be able to beat a first DUI offense. Even though there is never a guaranteed outcome with any type of court case, it is important to keep in mind that no case is impossible to win especially when the accused has free online help of expert DUI attorney advice to increase the chances to get out of a 1st DUI.

What are the Best DUI Defenses That Work to Increase Odds of Winning a DUI Case?

A DUI, DWI charge may seem like a simple traffic misdemeanor at first, but the fact is a 1st offense in 2019 involves many complex legal and factual considerations. There are more ways to defend against recent DUI charges than people may expect, which uses science to fight the results of chemical BAC or drug tests. With the passage of the new DUI laws nationwide in 2019, some of the traditional strategies of legal defense against DUI-related charges will no longer be effective.

It is important to remember that getting a DUI charge is not a conviction, and legal help is available even for people who cannot afford a DUI, DWI lawyer to fight a case. Review the top 10 DUI defenses an expert local lawyer is able to use that will have the best chances to help get you out of DUI charges quickly and affordably.

1. The reason for the traffic stop or detainment of an individual was illegal. All police officers must have a reasonable cause to pull over a vehicle. This means when after an arrest review shows a person was not in violation of any traffic law, police did not have proper justification stop that car and a DUI will get thrown out of court.

2. It has been proven that field sobriety tests (FSTs) are not accurate. There are countless valid reasons why drivers might be unable to pass a field sobriety test, even when they are 100% sober of alcohol and Marijuana. Moreover, when common factors such as a person’s age, weight, medical conditions, and injuries are an issue, even more drivers end up failing FSTs for reasons other than being impaired. Recent studies have shown police officers who administer field sobriety tests to judge a driver’s condition of possibly being under the influence, are wrong 30% of the time. Therefore, when a DUI charge happens because of failing field sobriety tests, most people will have better odds of winning DUI defenses to beat a case than they first realize.

3. Breath tests are often not accurate. Many experts on breathalyzer devices concur that a single breath test is not sufficiently reliable in accuracy for BAC readings of a driver. Furthermore, the Supreme Court has even stated that breathalyzer tests are not error-free.

4. Breath test device was not recently calibrated or had a technical malfunction. If the breath test device needed multiple samples from a driver to get a reading, or the breathalyzer machine was in need of repair within 2 months before or after a driver’s breath test was administered, the BAC results are not valid and a DUI case can get thrown out of court with this defense.

5. Police officer who operated the breath test is not certified on that particular machine or breathalyzer model. BAC results from a DUI, DWI arrest are inadmissible as evidence against a driver if the breath test operator does not have current certification or their license to administer a BAC test has expired. A breath test license will expire every three years in most states.

6. Inaccurate BAC or THC blood test results. Regardless of either the police or a hospital giving a blood test to a driver after a DUI arrest, a large number of legal technicalities often arise with how a blood test was administered, processed, or with the storage of the BAC sample. After an arrest review, a lawyer may identify case-winning technicality defenses to create doubt about the reliability of a blood test chain of custody and other protocol issues.

7. Search of a driver’s vehicle was illegal. When a person is stopped by police for a traffic infraction, it is not legal for an officer to search you or your car without consent or a warrant first. Moreover, police are not allowed to search your car without valid reasonable cause or a driver’s permission to search the vehicle. Using this strong DUI, DWI defense, any failed BAC or THC test results or other evidence obtained in an improper search by police will be ruled inadmissible in court.

8. Using expert and/or independent witnesses as defense. Witnesses of a driver prior to the events leading up to a DUI, DWI charge can be used as defense – such as friends, bartenders, other drivers, and anyone else who could provide helpful evidence that you were not intoxicated. Expert witnesses could also be essential in reviewing whether or not any chemical breath, blood, or field sobriety tests were legally valid in the first place.

9. Unknown drug/medication interaction. Certain prescriptions, including OTC cold & flu medication, and even some food additives have forms of alcohol in them. This could easily result in inaccurate results for blood alcohol tests by breath or blood screening. Other common examples of items that skew BAC tests are cough drops, nail polish, paints, mouthwash, sugar alcohols, asthma spray and other medicines can cause false-positive breath test results, which would render the BAC level readings invalid with this defense.

10. Police did not observe a driver 15 minutes before they took the breath test. In order for breath test results to be considered legally admissible in court, most states require that a driver suspected of DUI, DWI to be continuously observed by an officer for 15 minutes before a person submits to taking a breath test.

These are only 10 of the numerous DUI defenses an attorney can use after an arrest review to help increase your chances to beat first offense DUI, DWI charges. If you’ve been charged with a DUI, don’t just accept your situation – fight back using the best legal defense that works for your specific arrest scenario.

Should I Plead Guilty to a First DUI, DWI to Have Better Chances of Getting a Lighter Punishment?

While some drivers are tempted to plead guilty to a first DUI charge in hopes of getting the process over and avoiding future court dates, a person should be aware that a first-time offense carries mandatory minimum penalties such as installing an ignition interlock device and a criminal record for life. Furthermore, a driver’s license will be suspended at the administrative DMV hearing, and your insurance rates will be high for the first 5 years after any DUI-related conviction or guilty plea.

If a driver chooses to fight a first offense DUI charge, it is important to obtain top legal advice from an online arrest review soon after getting booked for the offense. A DUI arrest review identifies the specific defenses early on, providing a person the best chance of beating a first-time offense DUI by getting the charges reduced or the case thrown out of court before consequences take effect.

Most people ask us what will likely be the end result of my case in court? It is important to mention that no reputable lawyer can ever guarantee a certain outcome or result in any DUI or DWI offense case. However, our lawyers at FightDUICharges are specialists in the DUI field of law exclusively, which also includes fighting BAC test refusal charges as well. Our nationwide network of only using the top-rated DUI defense attorneys collectively handle thousands of cases a year, and have been able to fully dismiss or plea bargain charges down to a less serious offense in the majority of cases handled through us.

Our primary goal is showing the best ways how to get a DUI case dismissed and increase the chances of beating a first offense DUI charge who seek our free online legal help in time. What a full acquittal means is, that you are found “not guilty” in court, and will get out of the first DUI consequences as detailed below.

In the rare chance that a lawyer with us thinks a DUI case will likely not win if it went to trial, what happens then is they will attempt to plea bargain the charge down to a less serious misdemeanor such as reckless driving or a traffic ticket. This would also be considered a successful case outcome for most drivers, since their record can later be fully cleared of the violation.

Factors to Help You Win Your Case

Chances to beat a first DUI offense
Review how to increase the chances to beat a first DUI case. Utilizing free legal advice in time is the best way how to get out of a first DUI charge in court and have a DUI case dismissed.

Even though every case is different, there are some factors that may help an individual win their case regardless of the other circumstances. When searching online reviews for the top DUI lawyers near me for a first DUI offense, it is the attorney’s job to find flaws in the prosecutor’s case against their clients and point out any flaws in the arresting officer procedures. Presenting these types of facts to the court greatly increases an individual’s chances of winning their DUI case or, at the very least, having their charges dismissed to a crime that is considered less serious.

The two most common factors include Blood Alcohol Content, or BAC, and probable cause:

  • BAC: An individual’s BAC is a big factor that is considered during their DUI case. One way to help win a case is to bring up doubt surrounding how a BAC Breathalyzer test was administered or the results of the test. Some questions an individual should review with their lawyer include when the Breathalyzer test was administered? How was it administered? Was the officer or individual who administered the test properly trained to do so? The answers to these questions will help the attorney establish doubt in the test which may help the case to be dismissed.
  • Probable Cause: Another factor that needs to be considered is whether or not the arresting officer had probable cause to make the traffic stop on the individual’s vehicle in the first place. Some questions an individual should ask themselves include what was the reason for the officer to pull them over? Did the arresting officer see them driving the vehicle? Are the arresting officer’s observations of their behavior consistent with others who may have witnessed them driving or witnessed any field sobriety testing?

If there is doubt surrounding either of these two factors, or any other factors of the case, the individuals DUI should be able to build a strong defense against the prosecutor’s evidence. This should help to either have the charges reduced to something less serious, such as reckless driving, having some of the penalties taken away or reduced and, in the best cases, having the DUI charge dismissed completely. Even if the BAC and probable cause defense are not options, there may be other factors that the DUI attorney can uncover to help establish doubt within the prosecutor’s case.

Even when a driver is charged for refusing to provide a breath or blood test sample, the traditional approach to a DUI refusal offense still applies to beat a charge no breath test. This is because the police officer will need to have made a valid reason for asking a driver to submit to chemical tests.

For the a breath or blood test demand to be valid, a police officer must have reasonable cause to believe a driver was intoxicated by alcohol or drugs. If the reason the officer gave in their report or paperwork is flawed, the demand for a chemical test is not valid and a driver cannot be convicted for refusing or failing to obey an invalid demand.

Consequences for First-Time Offense DUI Convictions

Many people believe the consequences of what to expect for first DUI offense charges cannot be “that bad” and often take the route of using a public defender or not having any legal counsel. Although first time DUI penalties are less harsh than those penalties for repeat offenders, they can have a significant impact on an individual’s life.

Penalties will vary from one state to the next, but all states use some combination of license suspensions, fines, using an Ignition Interlock Device, and possibly serving jail time. Under 2019 DUI, DWI laws nationwide, most states now require mandatory time using an ignition interlock for first offense DUI offenders on any vehicle a convicted driver will operate.

First Offense DUI Penalties by State

As mentioned previously, each state will have different punishments for first time DUI, DWI offenders that will also vary in severity. Recent DUI studies and statistics for each state have shown that penalties have increased throughout the country for first-time offense convictions in 2019.

Regardless of the location a driver gets arrested for driving under the influence of alcohol or drugs, the chances to win the case will always come down do how soon a person gets proper legal help to dismiss the charge in court. Here are some common examples of first offense DUI penalties for different states that a convicted offender can expect to happen:

Arkansas:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Arizona:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment

California:

  • 4-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Colorado:

  • 3-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Delaware:

  • 3-Month License Suspension
  • Possible Mandatory Alcohol Education
  • Possible Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

D.C.:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment

Georgia:

  • 1-Year License Suspension
  • Mandatory Alcohol Education

Hawaii:

  • 3-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Illinois:

  • 90-Day License Suspension
  • Alcohol Treatment/Assessment

Indiana:

  • 180-Day License Suspension
  • Possible Vehicle Confiscation
  • Possible Use of Ignition Interlock Device

Kansas:

  • 30-Day License Suspension
  • Possible Mandatory Alcohol Education
  • Possible Alcohol Treatment/Assessment

Kentucky:

  • 30-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Vehicle Confiscation
  • Possible Use of Ignition Interlock Device

Maryland:

  • 60-Day License Suspension
  • Possible Use of Ignition Interlock Device

Nevada:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

New Jersey:

  • 3-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

North Dakota:

  • 91-Day License Suspension
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Ohio:

  • 6-Month License Suspension
  • Possible Use of Ignition Interlock Device

Oklahoma:

  • 30-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Oregon:

  • 90-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Vehicle Confiscation
  • Possible Use of Ignition Interlock Device

Rhode Island:

  • 45-Day License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

South Carolina:

  • 6-Month License Suspension
  • Mandatory Alcohol Education
  • Alcohol Treatment/Assessment
  • Possible Use of Ignition Interlock Device

Texas:

  • 90-Day License Suspension
  • Possible Use of Ignition Interlock Device

Vermont:

  • 90-Day License Suspension
  • Mandatory Alcohol Education

Wyoming:

  • 90-Day License Suspension
  • Possible Use of Ignition Interlock Device

Common Additional Punishments

It is important to note that individual’s may be subject to other penalties not addressed in the listing above. These additional penalties can include fines, jail time and serving community service. Generally speaking, since each state has its own laws and penalties, first time offenders can expect to face monetary fines and the possibility of some jail time. Repeat DUI offenders can expect to face these same penalties and possibly more, harsher punishments.

Long Term Effects of a DUI Conviction On Your Life

The best odds of finding ways how to get out of a first DUI is by using free legal help in time. Review what defenses increase chances to beat a first DUI offense and get out of the charges at your next court date.

While the 1st offense DUI consequences listed above may at first not seem that serious, it is important to keep in mind the residual effects of DUI penalties can have on an individual’s life. These are also just the beginning of the hardships to expect if a conviction or guilty plea to the DUI or DWI is the final outcome in court. For example, a license suspension, even a short one, can mean having a hard time getting to work or school which may lead to other consequences for being tardy or missing work.

Additionally, some states make vehicle confiscation a possibility for first time offenders which means these individuals will not even have a car when their suspension has ended. This is why the chances to get out of a first DUI offense entirely, is largely based upon how fast a driver gets legal help to utilize their best defense options in enough time early as possible to beat a first DUI case.

2 thoughts on “What Are My Chances of Beating a First Offense DUI Case?”

  1. Please give me a call I am 59 yrs of age.
    This is my first offense DUI, I am a family man that has worked hard my entire life.
    Bought houses here raised a family, that are all grown and out the house.
    I have just retired from a 21years with correctional system, and made a mistake.

  2. I as well believe this. The best chances to get the DUI case dismissed is definitely how soon u get help for it based soley on what happened to you. I nearly learned this the hard way.

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