How to Fight a DUI Charge

Contrary to what you may have heard, a DUI case is not necessarily a slam dunk conviction. In fact, most driving under the influence cases are weak, at best. Learn how to effectively fight a DUI.

Instructions

Difficulty: Moderate

Things You’ll Need:

• An attorney
• Common Sense

1. Your first priority is to simply avoid getting arrested for DUI in the first place. The simplest way, of course, is to not drink and drive. However, with the ridiculousness of modern DUI statutes, even a couple of beers with dinner can put the average person over the legal limit.
2. If you are unfortunate to be stopped and suspected of DUI, do not admit to anything! Exercise your right to remain silent, and only answer questions as to your identity and the vehicle (ownership, etc). Small talk is simply a tactic to provide the officer with more time and opportunity to determine if you're intoxicated.
3. If you're asked to step out of the vehicle, you are legally required to do so. However, you are under no obligation to perform any type of field sobriety tests. Field Sobriety Tests come in many forms, including walking a straight line, standing on one foot, and touching your nose, among others. Performing these tests simply provides the officer with more probable cause to arrest you. By refusing, you're making the officer's decision to arrest or not arrest a more difficult one, which works in your favor.
4. If you're arrested, invoke your right to an attorney and refuse to answer any questions (other than those intended to identify you). Whether you submit to a breath or blood test is a personal choice, but you very well could suffer the penalties of a refusal (driver's license suspension, stiffer DUI punishment) AND the penalties for a DUI conviction. Consenting to a breath or blood test may provide more evidence for the police officer's case, but in the end, you'll likely be better off.
5. After your arrest, and before your first court date, you need to obtain the services of a competent attorney licensed to practice in your state. Check out the DUI attorney search engine on http://totalduidefense.net/attorney