How to Beat a DUI
How do you beat a DUI? The short answer is by discrediting the evidence. Therefore, there are many ways to beat a DUI. The qualified DUI attorney you hire will know all the details, but some examples on how to beat a DUI are below.
The first thing to know in beating a DUI is how a prosecution attorney will try to get a DUI conviction. There are two ways he will try to prove DUI. One way is to attack the driver’s mental and physical condition by presenting evidence that shows the driver was impaired because of alcohol consumption. The other way is by concentrating on the driver’s blood-alcohol content and not focusing on the driver’s physical or mental condition. Or, the prosecutor may use both ways in the same case.
DUI cases basically hinge on four kinds of evidence: the physical appearance of the driver, the driving pattern, the results of a chemical test, and the results of a field sobriety test. All of them are subject to debate in a variety of ways, and this is where beating a DUI case happens. For example, start with the driving pattern. If the defendant pulled over promptly, used his turn signal, parked safely, etc., it could be well argued that the driving pattern did not indicate any impairment.
The field sobriety test is also open to debate. A defense attorney might argue that a true test allows time for students to study beforehand instead of taking it on the spot; that they get to do it in a quiet room instead of outside with distractions like traffic rushing by; and that getting 10% of the answers wrong shouldn’t necessarily result in a failing grade.
Then there is the argument about mental impairment being evidence of physical impairment. Experts on both sides agree that when alcohol is consumed, mental impairment is evidenced before physical impairment becomes evident. The prosecution may prove physical impairment, but if a defense attorney can discredit the presence of mental impairment, he may rightfully assert that the alleged physical impairment was the result not of alcohol but of something else, like injury or fatigue.
A defense attorney can also beat a DUI by attacking the blood sample. Among other errors, if too much time elapses between the blood being drawn and being measured, it can result in an artificially increased blood-alcohol content (BAC) reading. This is because blood can ferment, thus increasing the amount of alcohol in the sample, thus wrongly raising the BAC.
The above are just hypothetical examples of how to beat a DUI. It is best to consult a skilled DUI lawyer.