There are a number of things to do with methods how you can avoid a conviction for either a DUI or DWI case. This generally entails defending against arrests for driving under the influence of alcohol, drugs, and prescription medication. The number of defenses for ways to avoid guilty convictions for these types of operating while impaired charges vary. These range from challenging the accuracy of the machine receiving the breath test, to challenging the officer’s belief for demanding the a breath or blood test in the first place.
Other possible defenses to stop a conviction of this offense from going on a record, may be raised if there was any denial to a person’s constitutional rights. This can occur before the taking of breath or blood test, or if there was a delay in the alcohol or drug chemical testing procedures.
Given the number of consequences of a drinking and driving conviction, it is important to consult with a reputable lawyer from your area in order to identify possible defenses to the arrest. Since the timing is everything for challenging a DUI-related case successfully, filling out the short contact form on this page will allow us to explore and then discuss case options for potential legal maneuvers to prevent a lifetime conviction.
- Overview Of Questions About How To Avoid A DUI Conviction
- Top 10 FAQS To Avoid A DUI Or DWI Charge Conviction
- How To Avoid High Insurance Rates After A DUI Arrest
- Ways To Avoid A DUI Conviction For A Breath Or Blood Test Case
- How DUI Blood Test Samples Should Be Taken
- Avoiding A DUI Based Upon The Reliability Of Breathalyzer Test Results
- Possible Ways To Avoid A Conviction For A DUI Test Refusal Case
Being charged with driving under the influence (DUI), such as drunk driving, driving under the influence of drugs, or refusing a breath test is a serious criminal offense if a person is unable to avoid a DUI conviction for the arrest. We understand that the consequences of a misdemeanor will have a significant impact on a person’s ability to work, travel, and gain future employment due to the high costs and penalties imposed on all drivers found guilty.
This particular mark on person’s criminal record severely affects a person’s ability to be hired by a future employer if the employer runs a pre-employment background check and finds the DUI/DWI history. Just a few common examples, it will virtually be impossible to be employed as a police officer, firefighter, government employee, teacher, nurse, and many other professional jobs.
Therefore by taking action of having your case professionally assessed as soon as possible following any type of this crime, it is the first crucial step for increasing the chances to block a conviction and permanent criminal record.
Overview of frequently asked questions about techniques to prevent a guilty record
- What are the best ways of how I can prevent my offense from showing on my permanent criminal record or background check?
- What are the penalties to occur for a this conviction?
- What is the difference between the alcohol level reading over the legal BAC limit, and refusal to provide a breath or blood test sample?
- Can I speak to a lawyer before I take a Breathalyzer?
- What are some good defenses that can help stop a conviction from taking place?
TOP 10 FAQS For How You Can Avoid a Court DUI Conviction:
1. Should I just plead guilty to a DUI, or how can I still prevent this from happening? No, to explore all possible ways of how to stop a criminal record of the offense, it’s high costs an penalties, and license suspension – a person should NOT plead guilty before having their arrest details examined first through us by a local and experienced DUI lawyer.
By not doing so, a guilty plea would result in a full loss of the case, and a person will face all of the payments and consequences of being a guilty offender of driving under the influence.
2. What are the different consequences of pleading guilty or losing my case, and being convicted of a test refusal? A DUI/DWI guilty verdict and a BAC test refusal conviction will typically have the same consequences if the misdemeanor conviction or plea is not avoided in court.
Some of the most common penalties for a first offense include receiving a criminal conviction for life and record of photo’s and fingerprints, drivers license suspension for 1 year, high monetary penalties/fines, installation of an ignition interlock system in your vehicle for 1 year at your expense. Next, an individual will have to finish all hours of drug/alcohol classes before license reinstatement.
Car insurance can be dropped, or extremely high premium rates between $5000 to over $10,000/year for several years is common. Additionally, people with this criminal history can be denied entry into other countries. As mentioned earlier, difficulty with future employment with this offense coming up in future background checks, is generally the longest term problem to deal with – sometimes even decades after the fact.
3. What are the chances stopping this for my case? Nobody, not even the ultimate DUI defense lawyers can guarantee success or any certain results with a case or any other court matter. However for the best chances for how to prevent a record, local attorneys who specialize in driving under the influence related cases, are always the best option to maximize the chances of a successful outcome.
Most DUI specialist attorneys will attempt to fully avoid convictions for their clients, often by taking these complicated cases to trial if necessary. A full acquittal would mean a person is “not guilty” and would avoid the punishments of a conviction or entering a plea of guilt. Sometimes if legal counsel believes a case will likely not win at a trial in court, they will attempt to negotiate the charges down to a lesser offense so that the DUI related crime can still be avoided.
4. Is there anything that can be done for how to avoid an automatic DUI driver’s license suspension? In some cases, yes. Depending on a person’s particular arrest circumstances, an attorney can sometimes help to avoid a DUI license suspension at the administrative license review hearing.
5. How much will it cost fighting to prevent this from going on my record? Since all cases in this area of law are different, we need to go over your particular charge specifics of what occurred. That way you can accurately be issued a quote for how much to expect in cost from on your own circumstance.
It is also important to note that most lawyers who specialize in fighting to stop convictions, are understanding that most people never expected to be in this situation, and can’t afford high defense fees upfront. Because of this fact, many attorneys offer very affordable and flexible payment plans based on each person’s particular financial circumstances. This is so everyone who is seeking options for avoiding a record with a guilty conviction, can get the best defense assistance truly available.
6. Do I have to pay the full DUI attorney fees upfront? No, as mentioned in the previous question, most nearby DUI experts through us offer flexible financing and payment plans, so everyone who needs the best professional assistance can obtain it equally as easy.
7. Do you offer a free consultation of my own arrest online? Yes, simply contact us via the short form on this page for a free quote and arrest consultation. Then we are in an informed position to discuss your best case options for reliable ways to avoid getting convicted in court.
8. What defenses can a lawyer use to win my case and help me not have a record? There are many different defenses an attorney can use to defend and prevent a conviction record for driving under the influence charges.
Determining what defense can work, will vary depending on the circumstances of each person’s unique case scenario. This is because all drinking or drugged driving violations are complex, and there is no “one defense fits all” type approach when looking for the best strategies to avoid guilty criminal convictions.
9. How are DUI specialist lawyers and general practice attorneys different? Specialist lawyers for DUI offenders are different from other general practice attorneys, because these specialist legal experts only focus their practice on driving under the influence cases.
This generally means they don’t handle other areas of law such as family law, traffic tickets, personal injury, etc. Often general practice attorneys do not have the same education and legal credentials specialist DUI lawyers will have. This extra knowledge can be very crucial for the chances of winning against this serious violation.
10. How can lawyer who specializes in DUI defense avoid a guilty conviction for my case? A specialized attorney in driving under the influence and test refusal cases, only deals with these types of cases as their primary focus of law practice.
They will typically have years of experience, sometimes as former prosecutors, and also have fought more DUI/DWI cases successfully to avoid a guilty conviction, than the average general practice attorney.
This extra training and experience, often gives specialized lawyers more skills for the ability to view cases from a prosecution and defense point of view. Therefore, they utilize the best courses of action for tactics to ensure a conviction in court is less likely to happen.
Steps to avoid high insurance rates after a DUI charge occurs
One of the most expensive penalties will be the high auto insurance rates if a person cannot avoid a DUI or DWI offense conviction in court. The car insurance policy will likely be cancelled or be drastically increased once this appears on a criminal record.
Many drivers are unaware that several insurance carriers won’t cover any of the damages if there was an accident by a driver who is found guilty of this offense. This is another important reason why any person who is arrested will need an experienced and local legal expertise to look at the charge specifics. We are able to assist with the steps needed for how to avoid this car insurance issue, whenever possible.
The law in this area is a evolving legal matter, but which also can give rise to a large number of possible defenses of ways how to not end up with a conviction on your record. Of course what happened to each person is in itself unique, so the events of your arrest are crucial in knowing what your best courses of action are.
Some of the possible defenses can be as simple as, “I wasn’t driving”, to technical arguments surrounding the operation of breath or blood testing equipment or procedure of how it was processed and whether it was even conducted properly. After the analysis of your info can be thoroughly gone through, a leading DUI attorney from your area will have an extensive understanding of what strategy to apply.
Once experienced legal counsel reviews your case for defenses, this is the best step towards avoiding severe difficulties and expenses that will otherwise follow with a criminal record history.
Most states are now also requiring an Ignition Interlock device to be installed for those who are able to drive with a restricted drivers license. Trying not to deal with this potential outcome, you will need professional legal assistance if you have recently been arrested and are asking yourself “how can I avoid a DUI conviction on my record?” In some instances, your strongest defense against prevention of insurance and interlock problems might be apparent from the beginning of you case.
Sometimes in more complicated or technical scenario, some lawyers may need to carry out further investigations in order to identify whether a certain defense is available to help their client. For example, you may think that the police had failed to warn you that you may be prosecuted if you fail to provide a breath test or blood test specimen.
If this is true, the lawyer who finds this in further review, could seek to obtain footage from the police station covering the breath or blood testing procedure. This will establish your recollection of the arrest events was correct, versus the police officer’s report.
Below are a list of examples in the types of some common DUI defenses which are applicable and may possibly apply to the facts of your situation. Please keep in mind that some of these scenarios are general nature and apply to all types of this offense. While others could be more specifically applicable to what an individual is going through.
Ways of Possibly Stopping a Conviction For a Breath or Blood Test Results Case
There are procedural rules the prosecution must rely upon with specimen of breath/blood/urine test results. They need to prove that the proportion of alcohol in your breath was above the legal blood alcohol limit of .08 BAC. The chemical test evidence can only be admissible in court by correct procedures being followed during the arrest when it was collected.
There are a number of ways in which the police may make errors in the taking of Breathalyzer and blood testing administration protocols. When this takes place,this legal mistake may then allow ways of having those test results excluded as their primary source of evidence. The outcome is far more likely in this case, that you may prevent any form of conviction as being a DUI or DWI offender .
Some of further examples to read are laid out below.
How the Blood Draw Samples Should be Taken
A blood draw sample should be taken by a medical practitioner or a registered health care professional. In many states, you also must give voluntary consent for the specimen to be taken.
If either of these things are not done, the blood test results could be rendered inadmissible and you may not have a DUI on your record based on these circumstances.
Breathalyzer Defenses to Prevent a Guilty Judgement Based Upon the Reliability of Test Readings
In prosecuting a person for any type of driving under the influence of alcohol charge, they will often rely on evidence provided by the Breathalyzer test readings. Some of the possible ways of how to stop a DUI based upon what the alcohol levels register can include:
- Reviewing BAC results produced by the machine to determine whether it has operated correctly.
- Obtaining the calibration and maintenance records for the Breathalyzer unit in order to establish whether it has been properly maintained.
- Establishing whether the breathing test equipment used at the time of your arrest, was modified in any way such that it is no longer reliable for accuracy of BAC under the current law.
Further Defenses How You Could Manage to Avoid a Conviction Regarding a Test Refusal Case
After a driver’s own info of events can first be reviewed, the next step finding a way how to ensure a conviction for DUI or DWI accusation does not happen. With dealing with a refusal of a taking any tests offense, this arrest sometimes comes about when a person is unable to provide a sufficient flow of breath into the Breathalyzer due to a medical condition or machine malfunction.
In these types of cases when no specimen will be provided, this will be considered as a fail, and the person will be prosecuted for the offense of failing or “rest refusal” to provide a specimen. The legal tables can turn however, when a person can show there is a genuine physical or mental reason as to why they were unable to provide a breath or blood test specimen. When a valid excuse for not taking the test can be accepted in court as a reasonable defense, in those certain circumstances a DUI refusal conviction may be avoided in court.
Some possible examples of the types of medical conditions why a person may not be able to provide a blow into a machine include:
- Chest Infection
- Long term smoker
- Small lung capacity
- Physical position when giving the specimen
- Anxiety and panic attacks
In order to support any argument that a medical ailment caused you to be unable to provide a specimen or refuse the Breathalyzer test, your lawyer would typically seek to obtain a report from BAC tech experts. Another defensive method is using as a medical professional who can explain why your physical or mental condition prevented you from providing a breath test specimen.
More often than not, it is simply the case that a person knew they tried their hardest ,yet were still unable to provide a breath test specimen to police. When one of our top lawyers can further investigate the maintenance history of the particular machine you were tested on, they will assess any issues within the technical nature of the unit.
As with specimens of breath, there may be physical or mental reasons why a person is unable to provide a sample of blood or urine. Some of these justifications can include:
- Fear or phobia of needles
- Prostate problems
Expert medical evidence or advice should be obtained to support any such reasonable excuse. This is why for any person seeking possible legal maneuvers to avoid a conviction based on refusing tests, or failing a BAC over the limit case.
Having us look at the specifics of what occurred following a DUI/DWI took place, is always the best first course of action to take for exploring all options. We specialize in finding out the best defenses that will avoid any form of conviction on a criminal background record.