Beat a DUI

Driving under the influence of alcohol or other intoxicants that impair your ability is a violation of law in all 50 states and Washington, D.C. Whether your particular state refers to the violation as “driving under the influence” (DUI) or “driving while intoxicated” (DWI), it can result in severe consequences—including jail time—that will impact not only you, but your loved ones as well. And the lingering effects may also affect other areas of your life, including your ability to get or keep a job. That said, there are steps you can take to try to get DUI charges reduced, or even possibly be found not guilty.

Steps

Avoiding a DUI Arrest

1. Refrain from driving while impaired. If you plan on driving, don’t drink enough alcohol to raise your blood alcohol concentration (BAC) to 0.08, which is the legal level for intoxication in every state.
2. Determine how much alcohol it would take for you to become intoxicated. Consider using an online calculator, such as the one available at this link. Factors influencing BAC include your gender, weight, and what type of alcohol you drink.The calculator can be a useful tool, but don’t rely on it to be completely accurate.
3. Gauge the effects of any medications you’re taking. Medications affect people differently, so make sure that any prescription (or non-prescription) drugs you take won’t impair your ability to drive.
4. Make arrangements for alternate transportation. Instead of risking a DUI, call a taxi or ask a friend or family member to pick you up if you’re too impaired to drive. The consequences of a DUI conviction far outweigh the cost of a cab ride.

Learning About DUI Laws

1. Understand how DUI laws work. Every state has laws that govern driving under the influence. There are certain basic DUI elements that you’ll find in these laws, such as:
   • BAC intoxication levels, some of which can trigger stiffer penalties
   • the possibility of jail time
   • fines
   • the possibility of suspension or restriction of driving privileges.
2. Find the DUI laws for your state. This will enable you to learn the specifics of what constitutes a violation of the law where you live. It will also let you know the possible penalties involved. You can look up the laws for your state here.
3. Understand how your state’s laws apply to your situation. If you’ve been arrested for a DUI, the police will most likely let you know some of the details of your arrest, such as your BAC level. If they don’t tell you immediately, you should have access to this information within a few days. Once you have this available, compare it to what you’ve found in your state’s DUI law, to get a better idea of what you're facing. Knowing this may also influence your decision as to whether or not you want to retain an attorney.

Analyzing the Facts of Your Traffic Stop and Arrest

1. Understand the types of field sobriety tests. If a police officer stops you, and believes you may be under the influence, he or she will normally administer tests at the scene of the stop. Try to recall as much about this as you can. The typical tests are:
   • Nystagmus test. You’ll be asked to shift your eye gaze from one side to another while the officer shines a light in your eyes.
   • Walk and Turn (WAT) test. The officer will ask you to walk heel-to-toe on a line, while giving you other instructions.
   • One Leg Stand (OLS) test. You’ll have to stand on one leg for 30 seconds, so the officer can assess balance and coordination.
2. Pay attention to the facts surrounding any chemical tests given to you at—or after—the stop. If a police officer believes you’re driving under the influence, in all likelihood he or she will want you to take a chemical test. This is usually a breath test, but also could involve a urine or blood sample, depending on the circumstances. All states have laws that require you to take the chemical test (“implied consent” laws). As with the balance tests, try to remember as much as possible.
3. Write down everything you recall about the stop and tests. As soon as you can, make written notes of everything the officer may have told you, and any responses you gave, from the time you were stopped until you were released. This includes how well you believe you did on the balance tests, and what you saw or heard during the chemical test. If the officer said or did anything to imply that you may have been stopped for something other than suspected DUI (such as race or gender), the evidence collected may not be admissible in court. This is also true if the officer didn’t read you your rights after you were arrested.
4. Consider not taking the tests. Some attorneys advise against taking any of the field sobriety or chemical tests if you think you'll fail. Depending on your state, you may not be obligated to take the field tests or preliminary breath test at the scene of the stop. But be aware of the following:
   • If you don't take the formal chemical test at the police station or hospital, this could lead to a legal inference that you're guilty, which can be used against you in court.
   • There are separate penalties for refusing the formal chemical test, such as loss of driving privileges, fines and possibly jail.
   • You could end up with two convictions: DUI and refusal to take the test.

Challenging Your Stop and Arrest

1. Consider hiring a criminal defense attorney. If you have been arrested for DUI, you might want to consider hiring an attorney or having an attorney appointed for you. A criminal defense attorney can help you challenge your stop and arrest and will help you craft and make logical legal arguments.
   • If you can afford a criminal defense attorney, hire one who concentrates on DUI defense. There are plenty of DUI attorneys out there so look for one with excellent communication skills, a good record of success, and great ethics. In general, a DUI defense at this stage will cost between $1,000 and $5,000. For more information on hiring a criminal defense attorney, look here.
   • If you can't afford an attorney but you still want one, the law requires that you be appointed a public defender. If you have not had a court appearance yet, invoke your right to counsel by telling any law enforcement official that you would like an attorney and that you cannot afford one. If you have already had a court appearance, ask the judge to have an attorney appointed for you.
2. Contest the basis for the traffic stop. In order to stop a driver, an officer must have “probable cause”, such as erratic driving, for example. If probable cause didn’t exist, the stop could be declared illegal, and the evidence against you may be inadmissible in court. You should also note that some states have outlawed DUI roadblocks or checkpoints. So if this was the reason for your stop, check to see if it's permitted in your state.
3. Dispute the officer’s impression that you were driving under the influence of drugs or alcohol. The officer will need a basis for his or her suspicion that you were under the influence. Usually these are facts such as an odor of an alcoholic beverage, slurred speech, and/or watery or bloodshot eyes. It might help your case if you were able to prove that none of these tell-tale signs existed, or that if they did, there were other, reasonable explanations for them. (Such as using mouthwash or having allergies.)
4. Question the field sobriety tests. An officer can establish probable cause for the administration of a chemical test, or even an arrest, if you fail the field sobriety tests. It can help your case if you can show that the tests weren’t valid field sobriety tests, or that the results were inaccurate. For example, perhaps you failed the Walk-and-Turn test because of a leg injury.
5. Challenge the chemical tests. If you can prove that any of the chemical tests were improperly administered, or that the results were compromised, you may be able to exclude the results from a trial.
   • The primary basis for challenging chemical tests (i.e., blood or breath tests) relates to what is called the "blood alcohol curve." The blood alcohol curve helps determine what your blood alcohol content is at any given time. To challenge a chemical test, you will generally argue that because of the science behind this curve, your blood alcohol content was lower at the time of the arrest than at the time of your test. You would argue that, at the time of your arrest, your blood alcohol content was below the legal limit but rose above the legal limit while you were being arrested and processed. For more information about the blood alcohol curve look here.

Handling the DUI Trial and Beyond

1. Consider hiring a criminal defense attorney. If you have been arrested for DUI and you are going to trial, you might want to consider hiring an attorney or having an attorney appointed for you. A criminal defense attorney can help you challenge your stop and arrest and will help you craft and make logical legal arguments at trial.
   • If you can afford a criminal defense attorney, hire one who concentrates on DUI defense. There are plenty of DUI attorneys out there so look for one with excellent communication skills, a good record of success, and great ethics. In general, a DUI defense at this stage will cost between $5,000 and $10,000. Lawyers are usually paid on an hourly basis so your costs may be more or less depending on how much work needs to be done. For more information on hiring a criminal defense attorney, look here.
   • If you can't afford an attorney but you still want one, the law requires that you be appointed a public defender. If you have not had a court appearance yet, invoke your right to counsel by telling any law enforcement official that you would like an attorney and that you cannot afford one. If you have already had a court appearance, ask the judge to have an attorney appointed for you.
2. Familiarize yourself with trial procedures. If you’ve retained a lawyer, he or she will guide you as to what to expect, and how you should act. If you’re representing yourself, consider going to the courtroom where your trial will be held—before your actual trial date. Go inside when a trial is in progress, and pay attention to how the participants conduct themselves. Even though you may not be a lawyer, and even though a judge may give you a little leeway because of this fact, he or she will expect you to obey court rules and regulations.
3. Prepare your case thoroughly. Make sure you have all your witnesses available for your trial date. If an important witness won’t be able to make it, ask the court if you can postpone your case. If you have a lawyer, he or she will review your testimony and your evidence with you in advance. Whether you’re represented by an attorney or not, have your evidence in order, including all documentation and photos you plan to use. You don’t want your case to fall apart because you left a crucial piece of evidence on the dining room table.
4. Enter into a plea bargain. If the prosecutor in your case is willing, consider a plea agreement. In this situation, you’ll plead guilty to an offense other than DUI. For example, the prosecutor may dismiss the DUI charge if you enter a plea of guilty to reckless driving. The benefit is that you avoid a trial, and you don’t have a DUI on your record. There’s no guarantee, however, that a prosecutor will go along with a plea bargain request.
5. Present your case effectively at trial. If you don’t have an attorney, introduce your evidence, and make your legal arguments, as professionally as possible. If you’ve retained an attorney, listen to his or her advice at all phases of the trial. Whether with an attorney or without one, always conduct yourself properly. Be courteous to the judge, the prosecutor, and any witnesses. The last thing you want to do is alienate a judge or jury by behaving badly.
6. Be sure to comply with any court orders if you lose your case. If you’ve pleaded guilty to DUI, or were found guilty after a trial, the judge may order you to take certain actions, including participating in alcohol rehabilitation or education programs. This is in addition to the penalties imposed. Following through on these orders is required, and failing to do that could lead to more penalties, including not having your driving privileges reinstated, or even jail.
7. Attempt to expunge the DUI from your record. If you have a DUI, at some point down the road you may be able to have that conviction removed (expunged) from your criminal record. Not every state allows a DUI conviction to be expunged, and even if it’s removed from any criminal record, it might still remain on your driving history. It’s probably best to consult an attorney to determine if you’re eligible to have your DUI conviction expunged.

Tips

• Handling a DUI defense on your own can be overwhelming for a non-lawyer. If you feel you’re in over your head, by all means find a lawyer who’s experienced in defending DUI cases in your state. You can check with your local county bar association, most of which have a lawyer referral service. You can also look online through websites such as http://lawyers.findlaw.com/lawyer/practice/DUI_DWI?DCMP+CC-DU1414-1809.
• The only field sobriety tests sanctioned by the National Highway Traffic Safety Administration are the nystagmus, OLS, and WAT tests.
• Even if your state doesn't require you to take the filed sobriety tests or the preliminary breath test at the scene of the stop, if you don't take them it doesn't mean you're off the hook. Remember that if the officer still believes he or she has probable cause, you can still be arrested.
• Try to find witnesses who can testify truthfully to your sobriety before and after the arrest. If you were at a bar, for example, and you only had one drink over two hours, ask the bartender to testify to that fact.
• Penalties increase with each subsequent DUI conviction. While for a first offense you may only receive a fine and/or license suspension, if you’re convicted of more than one DUI you will likely receive jail time and have your driver’s license suspended or revoked for a longer period.
• If you’re under the legal drinking age of 21, different laws will apply to you if you’re arrested for DUI. These are called “zero tolerance” laws, and every state has some form of them.

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• Select a Professional DUI/DWI Attorney

Sources and Citations

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• Expunge a DUI
• Save Your License if Arrested for DUI