In the United States, if you have been charged with DUI, then you need a lawyer who knows his way about how to beat a DUI case. If you have been charged that means you are innocent until proven guilty. Since District Attorney has to come up with the burden of proof, you have time to get a good lawyer and discuss the details with him or her.
Hiring a good attorney will give you an edge by finding legal loopholes and evidence and you can beat a DUI charge easily. Beating a DUI charge is easy and thousands of cases get dismissed every day in the US. Here we will be sharing a few ways how you can beat the DUI charge.
1. Fighting against illegal stopping and seizure: In the United States, people are protected under the constitution against illegal searches and seizures. The same goes for illegal stopping during the drive. The Fourth Amendment of the United States Constitution is there to protect innocent people and keep police officers to stop unreasonable. Usually, when a police officer flashes his or her light in front of a vehicle, the driver realizes that he or she is not in the position to continue driving. It is the point when the stop occurs. Now there could be many reasons why a police officer has stopped the vehicle but at the same time, this situation could arise a lot of issues as well. Now if the police officer detains the driver, there should be a legal reason behind it otherwise the police officer is just harassing the driver. When a driver is violating a traffic law or driving harshly due to being intoxicating or the vehicle is missing a headlight or backlight then the police officer can have reasonable suspicion. If you are someone who has been a victim of illegal stopping or detention, you can use the Fourth Amendment right and beat the DUI charge.
2. Questioning the breath testing procedures: In most US cities, the breath alcohol level of a person is 0.08. The limit shouldn’t exceed than that and if the limit is exceeded then a person who is driving is presumed to be guilty of DUI. But these days, winning a DUI case is not a big deal as the breathing test procedures can be questioned. First, the lawyer can use the timing of when the breath test was taken. If three or four hours have passed since the arrest, then the breath test will not be admissible. So, the lawyer can use this to beat the DUI charge. Another thing that can be used is how the police officer has administered the breathing test. A police officer is supposed to observe the person for at least 20 seconds prior to the breathing test to ensure that the person doesn’t take anything into his/her mouth. The reason behind it is obvious that taking anything could temper the breathing test. So, when you want to beat the DUI charge, you could use any of these details to challenge the performance of the police officer.