How to Fight a DUI in Court
Driving under the influence, or DUI, is a very serious criminal offense. Because the risks associated with DUI can be devastating, many states have enacted harsh laws punishing DUI offenders. State law enforcement agencies are also highly incentivized to carry out DUI arrests because these arrests are politically popular and bring money into the criminal justice system. Although state laws vary significantly, there are several widely recognized strategies for fighting a DUI charge.
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Instructions
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Hire an attorney. Criminal defense attorneys in your community will be familiar with state specific DUI laws and defenses. Hiring an attorney to represent you in court will ensure you present the best defense to your DUI charge and guarantee the best outcome for your situation. Word-of-mouth referrals are a good place to start your search for a DUI attorney. Your local bar association also will provide a list of attorneys specializing in DUI defense in your community.
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Challenge the initial stop. A police officer may stop your vehicle only if she has a reasonable suspicion that you are driving under the influence. Usually, this requires the violation of another traffic law. Officers routinely pull over drivers for violations like failure to signal, drifting over the center line or lapsed registration. Study the police report for proof of the officer's reasonable suspicion that you were driving under the influence. If a judge finds that the officer did not have sufficient reasonable suspicion to conduct the initial stop, your DUI charge will be dropped.
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Challenge the field sobriety test. Officers will often conduct a field sobriety test to gather evidence that a driver is under the influence. If the field sobriety test shows intoxication, the officer often has reasonable cause to conduct a breath test to detect alcohol. Many people fail field sobriety tests for reasons unrelated to intoxication. For example, a person with arthritis may not be able to move nimbly as the test requires or a person with vision issues may fail the eye-tracing portion of the test.
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Challenge the breath testing. Results from a breath-testing machine, or Breathalyzer, are damning evidence against a driver charged with DUI. However, breath-test machines must be meticulously maintained and tested to ensure accurate results. Your state law will dictate how the machine must be maintained and how tests must be administered. Results from a machine that is not properly maintained or from a test that is improperly administered will not be admissible in court against the DUI defendant.
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Challenge the officer's credibility. The officer who conducted the DUI arrest will be the state's key witness against the DUI defendant. The judge or jury will have to weigh the credibility of the statements made by the officer to determine whether the DUI arrest was proper and legal. Conduct a search of the officer's background, including formal complaints and internal discipline records to uncover evidence of the officer's dishonesty in the past.
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