How to Beat a DUI

Driving under the influence - or DUI, for short - is a very serious offense. The dangers include not only injuring or killing yourself, but harming or killing other innocent people as well. In recent years, every state in the U.S. has increased their measures to prevent drunk driving and catch drivers under the influence. Unfortunately, a downside to these methods is that overzealous law enforcement are all too quick to blame innocent drivers for something they did not do. If you find yourself in this situation, then here's how to beat a DUI:

Instructions

1. 

   Find Out What You're Up Against

   Most police officers keep notes of the incident, many who write them down on the back of their copy of the citation you were issued. You have a right to this information, as part of something called "discovery." The discovery phase starts after you receive the citation, but before your actual court hearing, and you can request information and documents from the police officer up until this point either by written request or by subpoena. A few days after you were pulled over and ticketed for the DUI, type a letter addressed directly to the officer who ticketed you. Politely request a copy of BOTH sides of his copy of the citation, along with any and all notes he may have written down regarding the incident, videotape or audiotape from the cruiser or the station that was running while you were on camera, and any other documents relevant to the matter. Make sure to send the letter via USPS certified mail with signature delivery, and keep the signed stub you receive after the letter was delivered. If the police officer does not answer your request, you will need the stub in court to end the case.

2. 

   If the Officer Doesn't Answer Your Request...

   Then attend your court date, and be sure to bring both a copy of the letter you sent to the officer, along with the stub showing the letter was received and signed for. Explain to the judge that you sent a request for documents to the officer in a timely fashion, but the officer never responded, and as such, the case should be dismissed. This only works if the officer doesn't answer your request, though, so if you receive a response telling you there are no notes or documents relevant to the matter, this method won't work.

3. 

   If the Officer Does Answer Your Request...

   Then thoroughly read and re-read every document you were sent. At this point, you want to know exactly what the officer believes about the incident, and contest anything that isn't 100% accurate. For instance, if the officer is claiming that during a field sobriety test, you were stumbling and slurring your words, and you know for a fact you weren't, bring this up to the judge at your court date. Better still, if there is a videotape showing that you weren't stumbling during the field test, then bring the video with you and show the judge that what the police officer says happened and what actually happened are very different. At the very least, you will be able to destroy the officer's credibility, and this will give you a shot at having the charges reduced or dropped.

4. 

   Fight Any Discrepancy You Can Find

   If you can show that one or more parts of the officer's procedure was done incorrectly, you have a shot at getting the DUI charges dismissed. Possible discrepancies include:

   The reason you were pulled over was not sufficient to warrant being pulled over: Your car simply swerving while inside the lane, for instance, is not sufficient to be pulled over. Your car must actually cross the lane lines in order to warrant investigation.

   You weren't read the Miranda warning when you were arrested: When anybody is arrested, they must be Mirandized - that is, read and be made aware of their rights. If the police officer failed to read you the Miranda warning, or left out any part of warning, this is usually a basis for having the charges dismissed.

   Of course, there are dozens of different discrepancies that can arise. Do some research online or speak with a lawyer to see if there's anything in your particular case that could be used to have the charges dropped.

5. 

   Find Witnesses, and Get Their Side of the Story

   Any witness who can testify that you weren't displaying any signs of inebriation is one most person on your side. To find possible witnesses, return to the scene of the incident and stop by any businesses or homes in the area. Ask employees or residents if they happened to see any part of the incident, and ask them if they would be willing to write a statement that you can give to the judge showing that the witnesses' stories match yours and conflict with the officers. If no one living or working in the area witnessed the incident, you can also try posting fliers with your contact information on telephone poles or trees in the area to see if any drivers witnessed the incident.

6. 

   Gather as Much Evidence as Possible

   You may think there isn't much you can do to prove you weren't driving drunk - once a police officer accuses you of it, then there's no way to fight it. This isn't necessarily true, and there are plenty of things you can do to show that at the very least, the officer may have been confused. Weather conditions, previous events of the day, other drivers on the road, and even the condition of the car can explain why the officer thought you were driving under the influence. If the weather was rainy, stormy, or wet, then go online and get a weather report for that day at that time in the area you were pulled over to show that. If your car was in less-than-perfect condition, have your mechanic look it over and write a statement saying that a mechanical problem may have caused swerving or slow driving.

7. 

   Contact an Attorney Who Specializes in DUIs

   Most people don't even consider this option, because they believe attorneys are far too expensive for them to afford. The truth is, attorneys ARE pricey - but nowhere near as pricey as a DUI conviction. A good attorney can cost anywhere between $1000 to $3500 to handle the entire case from start to finish, and anywhere from $500 to $1500 for every day spent in court (for a simple DUI, you can expect just one day) depending on where you live. While it's not nearly as expensive as many people believe, it can put a big dent in your budget. But a DUI conviction means even more money: initial fines for a DUI can total over $5,000, and that's just the beginning. You may be required to enroll in court-ordered classes for 6 months up to 2 years, which you are required to pay for. Then, there are fees for reinstating your license, yearly maintenance fees you must pay the first few years after your license is reinstated, and that's not even factoring in the cost of car insurance - which will at the very least triple after a DUI - and the effects it can have on your ability to take out loans for school or get a job. A good attorney can make sure you avoid at least most of those instances, if not get the entire matter dismissed, which will save you tens of thousands in the immediate future and far more long term.

Tips & Warnings

• Pick up some books to help you better understand what happens from beginning to end when you are charged with a DUI. There are also books available that give you different ways to defend yourself against the charge, and books that focus on getting the case dismissed entirely. Look under "Resources" for some good books to start with.

• Never treat the arresting officer or anyone at the police station with hostility when requesting documents. A little kindness goes a long way, and can work in your favor all the way up to your day in court.

• If you decide to go it alone without an attorney's help, then play the part - keep track of deadlines and hearing dates, dress professionally (a suit is never a bad choice) and act professional at all times.

• If you have a particulary difficult DUI case against you, then it would be in your best interest to seek out an attorney's help. Though it can be pricey, many attorneys are willing to work out a payment plan to allow you to pay for the services over a longer period of time after paying a "retainer," or a down payment, for the work to begin. Remember, a DUI conviction will cost you up to 10 times more in the long run than an attorney would, and a good attorney can have the charges reduced or even dismissed.

Resources

• Breathalyzer Personal Digital Breathalyzer
• Alcohawk Portable Digital Alcohol Tester
• Keychain Alcohol Breathalyzer - Clips to Your Carkeys
• How to Fight a DUI Arrest: Secrets the Police Don't Want You to Know
• How To Avoid or Survive a DUI Arrest
• How to Beat a DUI
• The DUI Bible: Avoiding a Drunk Driving Conviction
• Drunk Driving Defense: How to Beat the Rap
• The D.U.I. Handbook: For the Accused
• Drunk Driving / DUI: A Survival Guide for Motorists