You Can Beat A DUI: Here's How
Having a DUI charge levelled against you can be stressful. It's an uncertain time, and you don't know the extent of the penalties if you are convicted. Plus, the arrest process itself feels like a violation and can often be traumatic.
The consequences of a DUI are far reaching. Alongside any criminal conviction is the ongoing fallout in your personal relationships. You're worried about how friends and family will react if they find out you've been banned from driving. Or worse yet, that you're going to jail for recklessly driving under the influence.
But there are circumstances under which you can beat a DUI. It's a case of understanding the charges against you and discussing your options with DUI lawyers. So what are your options?
Rising Blood Alcohol
Everybody knows that there is a delay between having a drink and the alcohol in your blood rising. It takes time for the alcohol to be absorbed by the intestines and enter the bloodstream.
This delay can be significant for establishing whether you were under the influence of alcohol while you were driving. Suppose for example you were stopped under the suspicion that you were driving under the influence. If the breathalyzer test was not carried out on the roadside, but at the police station, there is a delay. It could be that your blood alcohol level kept rising while you were on your way. But while you were actually driving, your blood alcohol levels were under the legal limit.
This is called making the rising blood content argument. And it can be an effective way to defeat a DUI claim.
Alleging Racial Profiling
Racial profiling is a hot topic at the moment. Now it is illegal for police to single out particular minority groups. And that includes for drink driving suspicions.
It may be possible to claim that the police acted illegally when they stopped you if you are in a racial minority. The police department in your local area may not be observing the law as they should.
If you can convince a court that the police stop was racially motivated, you call into question the police motives. And that means that the whole case against you is in doubt, including the police report.
Argue That There Was No Consent Warning
In the US, the police are not able to force you to have a breathalyzer test. Of course, if you don't your license may be suspended. But the important issue here in the eyes of the court is that of consent.
If an officer demanded that you take a breathalyzer, then they have broken the law. They must issue a consent warning first, explaining your options.
Argue That An Officer Failed to Mirandize
Everybody in the US has the right to remain silent. That's to prevent a person from giving incriminating evidence against themselves.
Officers have to state that an individual has the right to remain silent. But if they fail to do this, then all of the evidence they gather will be void.