A DWI/ DUI is a serious offense. If you are charged, you need to make sure that you take it seriously and do everything you can to fight your charges in court. Even if the case is too solid to get the charges dropped, you can get them reduced and receive the lowest punishment possible. Here are some tips for defending your DWI or DUI case.
Fight a License Suspension
Suspending your license is one of the most common things that judges do in DUI and DWI cases. If you have been charged with driving under the influence in the past, then you probably can't fight getting your license taken away. However, if this is your first offense, you have a really good chance of fighting it. You need your license to go to work or school, and it's important not to give up and assume it can't be done. Here are some technical issues to think about when fighting the suspension.
- You wear dentures.
- You have diabetes.
- An alcohol pad was used before your blood-alcohol test.
- You are on a low-carb diet (Paleo or Atkins).
- The blood test was taken more than two hours after your arrest.
If any of these are true, your blood-alcohol test could be null and void. It could possibly fight your driver's license suspension and maybe even your DUI.
Have Your Lawyer Check Arrest Location
One big mistake, when it comes to DUI charges, is the lawyer not checking out the arrest location and taking photos before trial. The location can tell a lot about the arresting officer's story and make a huge difference in the case. If the officer is stating that you were weaving in and out of traffic when you weren't, or you messed up the field sobriety test because you were afraid of the traffic, the location can prove it.
For example, the officer said you weaved in and out of traffic 7 times. Your lawyer might go to the location and see that you turned onto the road from where you were coming from 150 feet before the arrest location. Obviously, someone can't weave in and out of traffic 7 times in 150 feet. If the officer said you failed the field test, but there is only a narrow shoulder on a road full of busy traffic, doing a field test is dangerous. Either of those things would ruin the officer's testimony and make their case less solid. If you feel like something isn't right with the officer's story, this is a great way to prove it.
Training Manual For Roadside Tests
The training manual for roadside tests should be read by you and your lawyer. Not only does it explain exactly how the roadside test needs to be performed, it shows how the roadside test needs to be scored as well. Many police officers will decide if you failed or not by their own accord instead of using the objective rating system. You could find something in the manual that the officer did differently, or didn't do at all, and get the entire roadside test thrown out the window. Failing a roadside sobriety test isn't as black and white as people think it is.
Don't Call the Officer a Liar
People don't want to hear that a police officer, someone who is hired to protect and serve, is lying. Calling a police officer a liar just makes you look bitter. It's better to show that the police officer made a mistake. The photos of the arrest location and the sobriety manual can show that the officer thought he or she saw something that he or she didn't, or wasn't properly trained on sobriety tests, but not lying.
It's important to fight for your rights. DWI and DUI cases aren't as cut and dry as they seem, and you shouldn't give up hope. Explore every technicality you can so you can get into as little trouble as possible and move on with your life. For more information on contacting an attorney, check out the site.
