How to Find Loopholes in a DUI Case

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By eHow Contributing Writer

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When you are arrested for driving under the influence of alcohol or drugs (DUI), the effects are felt almost immediately. You are required to use a temporary driver's license for 30 days after your arrest (and longer in some states). During this period you should hire an attorney and begin building your defense. Work with your attorney to determine if there are any loopholes in the current law that may benefit your DUI case.

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Difficulty: Challenging

Instructions

Things You'll Need:

Computer with Internet access
Attorney specializing in DUI cases

Step 1

Hire an attorney. Lawyers specializing in DUI arrests know loopholes specific to your state. A good defense attorney is always the best resource in any criminal case.
Step 2

Challenge the findings of breath and chemical tests. Many factors affect a breath test besides consuming alcoholic beverages. Even blood and urine tests are not 100 percent accurate. When trying to find loopholes in DUI cases, start by questioning the testing method.
Step 3

Comb over the initial stop and arrest. A police officer must have probable cause to pull you over and perform any further tests. Examine the arrest carefully to see if any loopholes exist.
Step 4

Look at similar cases. The American Council on Alcoholism offers DUI case studies and sentencing samples that can help you prepare your defense (see Resources below).
Step 5

Stay on top of your attorney's actions. To find a loophole in your case, your attorney should be following through on all administrative hearings, including getting you a temporary or restricted license.

Tips & Warnings

As with any criminal case, you are presumed innocent until proven guilty. It may not feel that way when you walk away from an arrest with a temporary driver's license, but the prosecutor does still have the burden of proof in a DUI case.
Chemical test rights and consequences and Miranda rights must be read to you at appropriate times. Your case probably won't be thrown out if you weren't read these rights, but it's a hole in the prosecution's case that won't hurt your defense, either.
The American Council on Alcoholism's Web site offers a list of support groups and programs available (see Resources below). Even if you find a loophole to get out of a conviction, you should do everything you can to avoid another offense.
A DUI conviction stays on your record and must be disclosed during job interviews, when crossing borders and even on loan applications. Sometimes it is better to plead to a lesser offense to avoid the possible negative outcome of a trial.