How to beat a DUI
Best tips on how to beat a DUI:
- Dispute there was no probable cause
- Dispute the officer’s suspicion
- Weaving in the lanes
- Preventing a witness to observe breathalyzer
- Failure to allow the defendant witnesses while in custody
- You weren’t driving
- Dispute the field sobriety tests
- Bad weather
- Mouth alcohol
- Challenge breathalyzer test results
- Radio frequency interference
- Challenge blood test results
- Squad car video
- Booking room video
- Expert witnesses
- Medical conditions
- Officer didn’t read your Miranda Rights
- Your implied consent warning was not issued
- Officer misconduct
- Rising blood alcohol
- BAC doesn’t mean you’re impaired
- Officer conducted illegal search
- Disputing observations made by the officer
- Challenging anonymous report of drunk driving
- Failure to conduct observational period
- Breath test operator not certified
- Breath test operator has expired certification
This guide highlights quite a few examples of how your RI DUI lawyer might defend you during your case. While some of these charges may not be enough on their own to get your DUI case dismissed, a combination of them will be used by your RI DUI attorney to give you a strong defense.
Many people think it is impossible to beat a DUI case because it is such a widely-prosecuted charge. This is not true. A DUI or DWI is cause for serious concern, but do not feel like there is no hope.
By contacting an experienced DUI lawyer, you put yourself in the best position to defend yourself against the charges.
Dispute there was no probable cause
The officer needs to have probable cause to stop, detain, or arrest you. If an officer does not have the required probable cause to stop and investiate you for a DUI, the evidence can be suppressed.
Dispute the officer’s suspicion
The officer does this for a living- they are going to be very aware of the way you speak and move. Dispute the officer’s suspicion by citing possible side effects of medications or ddisputing that signs were even present at all (discussed later).
Weaving in the lanes
This is not reasonable suspicion for you to be pulled over for a DUI. It is not illegal to do this.
Preventing a witness to observe breathalyzer
You have the right to a witness being present during the breathalyzer test. If you are denied a witness, the evidence will be suppressed at trial.
Failure to allow the defendant witnesses while in custody
If the defendent is not released immediately after seeing the Magistrate, they have the right to see witnesses in jail. If this doesn’t happen, evidence will be suppressed or the DUI case will be dismissed.
Dispute the field sobriety tests
These tests have been shown time been shown time and time again as unreliable. Reciting the alphabet backwards, one-leg stand, and the walk and turn tests all have flaws in them.
Bad weather could be the cause of your erratic driving or failure during the field sobriety tests.
If you use mouthwash, this could be a defense against the very unreliable roadside breath test.
Challenge breathalyzer test results
These instruments have been proven to be wildly inaccurate from a number of directions, including: maintenance, user error, and malfunction.
Atkins-style diets, diabetes, and hypoglycemia can cause faulty results from a breathalyzer machine. People under these conditions produce ketones, which release from the body as isopropyl alcohol. The DUI breath test may not be sophisticated enough to know the difference between that type of alcohol and the alcohol we drink.
Radio frequency interference
Radio frequencies mess with all electronic equipment. One of these interferences can cause your BAC to appear over the limit.
Challenge blood test results
This is the most reliable form of evidence in a DUI case. It can be challenged by pointing out the unqualified testers, poorly maintained equipment, and improper storage.
Squad car video
Is the officer claiming you were stumbling and slurring your speech when you weren’t? The squad car has a camera in it that is usually running constantly which would disprove the officer’s claims.
Booking room video
This video can be used to show that you were not impaired or acting like you are impaired.
The state may have the officer, but you can bring in expert witnesses such as doctors, psychologists etc. to help your defense.
Medical problems such as acid reflux and heartburn can skew breathalyzer results. Furthermore, problems with your back, legs, and arms can affect the sobriety test.
Officer didn’t read your Miranda Rights
This is a must in any situation when you are arrested. Very important to watch and listen for.
Your implied consent warning was not issued
Implied consent laws require that U.S. drivers consent to achemical test if suspected of DUI. An officer cannot demand you take the BAC test, they can only request it.
It is illegal for officers to stop people based on race.
Rising blood alcohol
Peak BAC levels are not reached until sometimes 90 minutes after your last drink. It takes awhile for the alcohol to be absorbed into your system. Your BAC may be high- but it could have risen since the time you were driving.
BAC doesn’t mean you’re impaired
People react to alcohol differently. Just because your blood alcohol is .08 doesn’t mean it is an automatic conviction. The higher the number, however, the harder your case will be.
Officer conducted illegal search
An officer cannot search you or your vehicle without probable cause or your consent- this includes drawing your blood. How do you know if you gave consent? The officer will ASK you if they can take a look inside your car, search you etc.
Disputing observations made by the officer
Officers will cite many observations they made which led them to believe you were impaired. For example, bloodshot eyes and slurred speech can be caused by fatigue, contact lenses, and lack of sleep.
Challenging anonymous report of drunk driving
An officer cannot stop someone solely based on an anonymous report of drunk driving.
Failure to conduct observational period
A driver has to be observed for a period of about 20 minutes in order for a breath test to be valid.
Breath test operator not certified
The breath test operator must be licensed and certified to operate the device.
Breath test operator has expired certification
Even if they are certified, their certification must be valid and renewed. The test results will be invalid until they renew their license.