Usually, when people are charged with a DUI, they are resigned to losing the case because they essentially believe that they have already lost the very moment their car is stopped. However, this is only a general belief. There are actually ways you can challenge and beat the DUI.
Here are some ways to challenge a DUI and win the case.
Suppress Charges in Case of Illegal Stop
If the police have illegally stopped your car, you are actually in the position to suppress all the evidence that came after that illegal stop. You should know that in order to stop your car legally, the police need to have reasonable suspicion or probable cause. In other words, the police need to have a reasonable cause to stop the traffic as the law requires this.
The law is designed to protect citizens from unreasonable searches and seizures. Also, sometimes, the police put something in their report that is false or doesn’t fall into the category of reasonable suspicion that causes them to stop a car.
If the police fail to follow the legal procedure or have not pulled your car over for legal reasons – you can actually, with the help of a lawyer, challenge the stop and suppress all the evidence that came after the traffic stop.
Inaccurate Breath Test
The police might be using equipment or machines that are not perfect. You may think the machines are accurate, which can be true for the majority of the time – however, there are expert witnesses who can talk about the potential mistake ratio for blood alcohol and breath tests.
Also, a breathalyzer must be properly calibrated in order to take an accurate test. Also, the police can have you take several tests. You should get the benefit of the lower test. You get the point – there are ways to challenge the precision of a blood or breath test.
On that note, if you reside in Pittsburgh and you have been charged with a DUI after conducting several tests, you should get in touch with the Pittsburgh DUI Defense Attorneys and get a lawyer by your side, who, with their team of experts, will help you get the charges acquitted.
You Were Actually Not Driving
Another way to beat a DUI is when you aren’t actually driving the vehicle. Yes – you read this right. Typically – here is what happens. You leave the bar and get into your car. You don’t drive off but fall asleep in order to sleep it off.
You can still get charged with a DUI if you have been sitting in the driver’s seat and the car has its engine turned on. The actual facts regarding where you were in the car can affect whether or not you can get charged with a DUI.
On that note, we don’t encourage sleeping it off in the car ever – but – if circumstances arise where you feel like you should sleep it off in your vehicle, then you should definitely do it in the passenger seat instead of the driver’s seat. What this will do for you is protect you from getting charged with a DUI.
Rise in Blood Alcohol
Now, most people are unaware of the fact that when you take a drink, it can actually take half an hour for that alcohol to affect your system and raise the blood alcohol content. Now, suppose you are in a situation where you have your last drink at a bar, and you get in your car and drive out of the bar.
All of a sudden, the police pull you over, and they take your blood about half an hour after the stop. It takes at least half an hour for the alcohol to register in your blood, and as you were driving at least half an hour ago, your blood alcohol level might have been lower than it was when performing the test.
This aspect is a common way to beat the DUI as the BAC that the police take at the hospital might not be the BAC that it was when you were actually driving the car. Given the situation, you might be able to reduce your penalty this way.
Highlight Your Medical Conditions
You might find yourself in a scenario where you wrecked your car, and the police investigate the case for DUI. The police can believe that the accident happened because you were intoxicated – however – you could have been suffering from a medical condition that mimicked the condition of being under the influence of alcohol.
If this happens, you must get a lawyer first who will then work with a team of experts to show that you, or any individual, in this case, are actually suffering from a medical condition instead of actually being intoxicated to beat a DUI charge.
So, if you have a medical condition that is pretty similar to intoxication, you can use that to challenge the DUI charge.
Bad Field Sobriety Test
Naturally, the police are trained to give a field sobriety test in a certain way, but they don’t always follow the standard practices. For instance, if they ask you to walk and turn, this field sobriety test has always to be performed on a flat and clear surface.
Also, the police have to make you walk in a clear and straight line. If they fail to do this properly, you can either get your case dismissed or you can challenge the precision of the field sobriety test during the trial.
Final Thoughts
Remember how we told you in the beginning that the police have to follow certain procedures to be able to stop your car and investigate a DUI? Similarly, they have to do the same when taking a blood or breath test. If they improperly coerce you or otherwise fail to follow the procedure – you could be able to exclude the blood or breath evidence from your DUI trial.
Nonetheless, we recommend hiring a DUI attorney as soon as you get charged with a DUI so they can help you either beat the charges or reduce the penalty.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.