How to Win a DUI Case

Working with a good attorney, you may be able to escape a DUI conviction or at least minimize the consequences. Follow these steps.

Difficulty: Challenging

Instructions

Things You'll Need:

• Computer with Internet access
• Attorney who specializes in DUI cases

1. Search for the best attorney you can afford through an organization like Total DUI (see Resources below). Don't skimp here: A better attorney may know the loopholes and defenses needed to win a DUI case.

2. Challenge everything. The easiest way to win a DUI case is to challenge every step of your arrest, from the initial motive to pull you over to the testimony of the arresting officer. You have rights regarding your arrest, and if those rights were violated, you may have a strong case.

3. Accept a plea bargain. If you can't win outright, you may be able to work out a plea bargain that reduces the charges and lessens the punishment. Your attorney can help you decide if going to court or bargaining is your best option.

4. Consider attending treatment classes before you go to court. The American Council on Alcoholism offers a list of programs (see Resources below). Getting help before you are ordered to attend classes by a court may help your case.

5. Request a new trial. If you lose your first case, you may request a new trial or appeal the conviction.

Tips & Warnings

• If you were not read your chemical test rights before submitting to a blood or urine blood alcohol content (BAC) test, you may have a strong case to have the test results dismissed. These rights must be read and should include the consequences for refusing the tests.
• Going to trial can be risky and may result in stiffer penalties than a plea bargain. Look at all your options before proceeding to court.
• Winning the criminal case may not help you in an administrative case with the DMV. Both cases are fought separately.
• It is easier to win a DUI case if this is your first offense. Prior convictions and plea bargains count against repeat offenders