How to Fight a DUI Arrest

There are benefits to fighting a DUI arrest.

There are many benefits to fighting a driving under the influence (DUI) arrest. Even if you are guilty, actively fighting the charges against you can help you receive a lighter sentence and can keep the arrest off of your record. Fighting a DUI arrest can have other benefits, like allowing you to receive a temporary license or interlock license in some states. There are a number of things to consider if you choose to fight a DUI arrest.

Instructions

1. Consult a lawyer experienced in DUI law in your state. A lawyer with extensive knowledge of the law can help you decide if your case is worth fighting. By providing a lawyer with the details of your arrest and the surrounding circumstances, he may be able to find a way in which tests were not administered correctly, procedures were not followed, or equipment may have given faulty readings.

2. Consider the reasons why you may have failed coordination or chemical tests. If you have a legitimate reason for being unbalanced or failing the field sobriety tests, your lawyer can use these to your advantage. Breath temperature and specialized diets can affect the reliability of chemical tests, and breath analysis devices can have a margin of error as large as 50 percent, according to the National Motorists Association. A skilled lawyer may be able to prove that one of these provided police with a faulty blood alcohol level reading.

3. Be aware of issues related to police procedure. If an officer did not have a legitimate reason for stopping you or searched your vehicle without probable cause, you may be able to fight a DUI arrest on these grounds.

4. Comply with all orders from the court, and pay special attention to the dates for hearings and trials. If charges are not filed soon enough after your arrest or the court does not provide a speedy trial, you can have your case dismissed outright. If a DUI case is dismissed, you will not have to fight any charges.

Tips & Warnings

• Choose a lawyer who specializes in DUI law. You will be able to fight a DUI arrest more effectively if your lawyer is experienced in that area.

References

• National Motorists Association: Fight Irresponsible DUI Laws