Can you beat a DUI? 

Often times it seems unrealistic to think that you can beat a DUI case due to all of the initial commotion and turmoil that you go through when first arrested on suspicion of drunk driving charges.  You’re subjected to jail time, impending court dates, license suspensions, vehicle impounding, MADD impact panels, and on and on and on… 

It makes you think that maybe the system has this so streamlined that there really is no way to beat a DUI arrest.  But that just isn’t the case.  There are many avenues to explore regarding a DUI arrest.  Now, if you’re guilty you’re guilty… you can choose to accept your punishment or you can look to see whether or not the officer followed the proper procedures in regards to your rights.

Even if you were technically driving over the legal limit, your DUI can be thrown out if the police officer didn’t follow proper procedure and allow you your constitutional rights.  Yes, even if you were guilty if proper procedure was not followed you can beat your DUI case.  So how do you know what proper procedure is… and how do you know if you have a case?  Let’s discuss that right now.

Keep in mind though, that you’ll want to discuss your case with an aggressive DUI lawyer to help you figure out whether or not you actually have a case.  You can talk to a DUI lawyer for a free consultation and explain everything that happened and have them look over the police report and/or ‘discovery’ packet to see where you might be able to defend yourself.

But overall things to consider are:

1.  Was there are a legitimate reason for the stop?

2.  Were the field sobriety tests conducted properly?

3.  Are all the officers training records up to date?  Was the officer qualified to administer the tests that were administered?

4.  Are the calibration records up to date on all equipment used to charge me with DUI?

If you think that some of the above questions deserve looking into and may be an avenue for you to explore as you try to beat your DUI arrest then again, please contact a DUI lawyer for a free consultation.

The California DMV has some good general information for people just pulled over and arrested for DUI.  The info is specific for the state of CA but still a good general guideline for people in other states as well.  If you’re not in CA just visit your states dmv page and search on DUI on their site search function.

 

 

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