How can I fight a DUI Charge?

Almost two million people are arrested for DUI every year and the majority of these people want to put it behind them as quickly as they can. They could plead guilty and accept the DUI penalties handed down by the judge. While each case is different and some are more winnable than others, many people who are faced with a DUI have the opportunity to argue the DUI charge and possibly end up with a reduced DUI charge and greatly diminished DUI penalties.

Fighting a DUI Charge

Most people who are arrested and charged with DUI are not aware that certain procedures must be followed by police officers when they are making a DUI arrest. You can always choose to represent yourself in court, but hiring an experienced DUI attorney will dramatically increase your chances of winning your DUI case.

* For you to be convicted of a DUI the law enforcement officer may have to prove that you were physically operating the vehicle, but in some states you can be convicted of a DUI if you had the intent to “operate” the motor vehicle.

* The police officer must also show that he had a viable reason to pull you over. The officer must provide this proof or the charges against you should be dropped because your constitutional rights that shield you from ‘unreasonable search’ have been violated.

* Police officers and the State must establish that there was probable cause in your DUI arrest. Attorneys for the prosecution must show that your driving ability was sufficiently impaired due to alcohol and/or drugs you had ingested. Most police officers use field sobriety tests to satisfy this burden. There are huge problems with these tests that even a novice DUI attorney may be able to prove.

* Finally, police will test either your breath, blood or urine for the presence of drugs or alcohol. These chemical tests also present problems. They must prove a ‘chain of custody’ with your sample and any missing link in that chain could greatly help your DUI case. There are other weaknesses in these BAC tests that your DUI attorney could point out to a jury.

Hiring a DUI Lawyer

Most people believe that conviction following their DUI charge is inevitable. As the information above points out, there are many possible areas of weakness that you and your DUI attorney can examine as it relates to your specific situation. With the help of a skilled DUI lawyer, you may be able to get your DUI charges reduced and/or DUI penalties decreased to community service or an alcohol education course.

It is also possible to plea bargain for a different way to deal with the charge such as mandated alcohol treatment programs or time at a sober house. An experienced DUI attorney will be able to work with you to bring about the best possible result for you so you can put this DUI arrest behind you and move on with your life.

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Beth

Beth L. is a content developer for LeadRival, a cutting edge company that helps connect DUI lawyers with DUI clients. Beth L. writes about a variety of DUI topics to help drivers who have been arrested for DUI, getting them the legal help they need.

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