Being pulled over by the police is scary, especially if you had been having drinks during an enjoyable evening. This can be the case, even if you were driving legally under the limit. If you have been charged with a DUI, it is important to note that you can escape a guilty charge, as there are multiple situations that can be used to help build your case of innocence. Here are some ways to survive a DUI charge.
Illegal Stops And Suppression
In order for the police to stop your vehicle, they need to have reasonable suspicion or probable cause. If they do not have this, and they stop your vehicle causing you to receive your DUI charge, any evidence found after the stop is ineligible to be used. This protects citizens from unreasonable searches and seizures. If you believe you were stopped without reasonable cause, you may be able to get by your DUI charge.
Changes In Blood Alcohol Content
The way that officers and police officials determine if you are intoxicated involves both road examinations as well as checking your blood alcohol levels. The fact of the matter is, it may take some time for blood alcohol levels to rise and spike and for your body to see the full effect. If you have left a bar or party after your last drink but your blood alcohol content is within the legal driving limits, a police officer might stop you, take the time to take your identification, and after that, your alcohol content in your blood may have risen. Depending on the time of the events and length of the check, this may be an argument to utilize in court to help you with a DUI charge.
Reach Out To A Lawyer
If you are trying to survive a DUI charge, you should always consider reaching out to a lawyer. A Criminal Defense Attorney is especially important in an accident involving a DUI, but a lawyer in general is something to keep in mind when you are dealing with most legal matters. Having the police provide you a free lawyer may not be ideal and lack the capability to properly represent you. Going through any legal trouble can leave you flustered if you are unprepared, not being able to remember everything you should.
Unreliable Readings And Examinations
A majority of the time, the blood alcohol content readers are accurate, but not 100% of the time. This can be utilized to refute a reading that the charged party disagrees with, especially if the prosecution is lacking other evidence to prove the state of intoxication. There are several types of tests that may be administered, as well as you may be asked to take several breathalyzer tests, with not all of them showing the same results. Some tests may not be given under the correct conditions, while equipment must be properly calibrated to provide the accurate numbers for the test. Any inaccuracies with equipment may be useful in surviving a DUI charge.
Mistaken DUI
Depending on the scenario or situation, you may have been charged incorrectly for a DUI. This does not refute the numbers or the data of your breathalyzer or your blood alcohol level, but challenges the fact that you were driving in the first place. Some people may have a strong sense of self awareness after a night of drinking and choose to wisely not operate their vehicle, but instead, choose to sleep it off in their car. The potential problem here is that you may get charged if you are in the driver seat at the time of inspection, as police may believe you to be attempting to drive while impared. It is important that if you choose to sleep off your inebriated state, that you do so in a safe space away from your car and with your keys not anywhere near the ignition. If you have no choice but to sleep in your vehicle, it is wise to sleep in the passenger seat or in the back to ensure you are not mistakenly accused of attempting to drive while drunk, which will help your case against any DUI charge.
Don’t Drink And Drive
Trying to find loopholes and workarounds to counter a charge can be difficult when it comes to any DUI charges. This is why the best method of surviving any drunk driving allegations is to avoid the situation completely. If you know that you will be consuming alcohol during an evening or event gathering, consider ways to avoid driving by having a designated driver within your group, or paying for a cab. Prevention is the most effective method and will help you avoid any trouble so you are able to enjoy yourself.
Many people make the mistake of drinking and driving, and end up getting caught by police under various situations. It is best to consider what situations you can avoid and how to challenge certain accusations and charges. Seeking out the aid of a lawyer that understands these circumstances and has a grasp of the law can save you from a DUI charge.
