Ten of the ways to beat DUI charges and accordingly avoid the penalties and restrictions which can result from such legal proceedings can be applied, according to which particular claim is relevant to the case, based on a firm knowledge of the legal principles surrounding DUIs. Moreover, people who are facing license suspension and additional legal consequences as a result of receiving a DUI should look to their legal representation to make one of these arguments, again dependent on the specific circumstances involved in the case.
Lawyers engaged for a DUI case can have the charges dismissed if the judicial proceeding does not take place in a short enough period of time. Defendants charged with DUIs have a right to a speedy trial, and can accordingly use this right to have DUI charges dismissed.
DUIs can also contested with reference to the errors which have frequently been found to occur in the blood testing administered in hospital settings as to the blood alcohol level of people accused of having committed DUIs. According to studies, this rate of inaccuracy in clinical results may be as high as ¼ of all tests.
The test results used to bolster DUI charges can also be contested if the individual responsible for administering the test, the Breath Test Operator, did not hold a permissible license in order to do so, or had allowed his or her license in the interim before administering the test.
DUI charges can also be opposed based on evidence collected by the arresting officers, specifically in the form of videos of the arrested individual.
DUIs may also be effectively fought in courts of law if it can be demonstrated that the arrest was based solely on anonymously delivered testimony, which is not considered to constitute valid grounds for charges of this kind to be brought.
DUIs may also be argued against if the previous record of the police officer responsible for making the arrest reflects poorly on that officer’s good judgment or trustworthiness. this can be used to the legal advantage of the person facing DUI charges.
DUIs may also be argued against when the prosecution improperly uses as evidence statements collected from the defendant as to his or her level of intoxication at the time of arrest. As such, self-incriminating testimony as to a DUI charge can only be verified if the defendant had been properly warned as to his or her Miranda rights.
Other than the required Miranda rights statement, any other declaration or omission of information by the arresting officer as to defendants’ rights can also invalidate DUI charges.
DUI charges may also require the presence of an observation period prior to the administering of the breathalyzer test, which state law may place at 20 minutes.
People arguing against DUIs they have received can also refer to the possible interference by other products which also have some kind of alcohol content.