In North America, nearly 80% of DUI arrests result in a conviction. So it may seem like a tough battle, but you can beat a DUI charge in most cases with the help of a good attorney. Here are 12 tried-and-tested tips to beat a DUI charge.
Twelve tested and proven tips to defeat a dui charge
Defeating a DUI charge is technically complex and arduous, but there are proven methods that can give you the upper hand in court. There are many reasons to challenge a DUI charge, such as testing procedures, violations of your rights during a traffic stop, and other factors. However, you do not have to go to trial, as long as you follow these twelve tried and proven tips to defeat a DUI charge.
Improper arrest procedure
Improper arrest procedures can be a major factor when beating a DUI charge. If the police did not have reasonable grounds to stop you, read you the implied consent warning, or obtained your blood test results without a warrant, you may have a strong case against the charge. It is also possible to challenge the legality of your arrest and the validity of your statement. The police may also have made mistakes in requesting your blood or breath test, which will also affect the results.
A good Toronto DUI Lawyer will be able to point out police errors or violations of your rights. Since DUI law is so technical, there are numerous mistakes that can affect the outcome of your case. For example, police officers often take your blood or breath without a warrant. These results will be used against you in court. Since this is one of the strongest pieces of evidence they can use against you, it’s vital to find out whether they’ve violated your rights.
Invalid breathalyzer test results
There are several ways to challenge Breathalyzer test results in a DUI case. The results are not always accurate and can be invalidated by untrained police officers or environmental factors. Inaccurate Breathalyzer tests can also result from improper calibration. You will need to consult an expert in breathalyzer testing devices in order to prove invalid results.
You can also file a pre-trial motion to suppress breathalyzer test results. These motions are often successful. You may also move to suppress other evidence, such as the arresting officer’s conduct. However, these defenses can only be effective in a specific case.
Miranda warnings during arrest
If you have been arrested for driving under the influence, you should know your Miranda rights. These rights are part of the First Amendment, which protects your right to free speech. However, this right is limited in some situations. For example, you might not be allowed to shout “fire!” in a crowded room. There are also exceptions to the Miranda rights, which only apply to those in police custody. This is particularly important if you are accused of DUI.
You can request that the police officer read you your Miranda rights during an arrest, but this is not mandatory. During your roadside detention, police will often ask you several questions about your drinking habits. These questions are part of the initial DUI investigation and will likely determine if you should be arrested for driving under the influence. They also will try to determine how much alcohol you’ve consumed, where you were drinking, and when you were drinking. Many law enforcement agencies have standardized these questions and have them printed in DUI reports.
Taking a dui charge to trial
When it comes to beating a DUI charge, the key to success is knowing your rights and the best way to fight the case. DUI cases can be difficult to fight, and the best way to do this is by hiring a DUI attorney. These professionals have experience in DUI defense and will be able to help you build a strong case.
The consequences of a DUI conviction are severe. You may be required to install ignition interlocks in your vehicle, pay a hefty fine, and face jail time. In addition, you may face severe restrictions on your ability to get a new job or travel overseas.