Many people believe a DUI offense is a misdemeanor case, but do not be quick to underestimate it, as it might bear serious consequences.
A DUI case is a serious crime and can attract penalties such as jail time. However, DUI cases get dismissed every day because the burden of proof is on the prosecutor.
Considering the high burden of proof needed to convict DUI offenders, most of the arguments used in beating a DUI case seek to discredit key evidence and get the case thrown out.
Here are five arguments that you can use to get that DUI case dropped.
Contents
1. Lack of Probable Cause For a DUI Stop
The 4th Amendment protects us from unreasonable search and seizure. Traffic stops are considered temporary detentions and amount to “seizures”. Therefore, the officer has to prove that you were either speeding, running lights, or showing impaired driving patterns.
Your DUI attorney can file a motion to suppress any evidence obtained if there was no probable cause for the officer to stop you. Without key evidence, you may be on your way to getting that DUI case dropped.
2. Discredit the Validity of Sobriety Tests
Do you have a DWI attorney with the requisite knowledge to discredit the accuracy of the field sobriety tests (FSTs)?
The outcome of FSTs can be affected by innocent factors such as poor lighting or bad weather conditions. Three field sobriety tests (one-leg stand, walk and run test, and the horizontal gaze) are only 65-77% accurate.
If the credibility for the test is attacked successfully, the whole case will become questionable, the jury will start poking holes into it, and the case can be dismissed. This is why this tip is one of the top five tips on how to get out of a DUI.
3. Demonstrating Police Misconduct Is a Sure Way of Beating a DUI Case
Police misconduct and negligence is a common occurrence in most DUI cases. If you can prove that the officer’s actions amount to misconduct, the DUI case can be dropped. Examples of misconduct include untruthful courtroom testimonies, false police reports, and mishandling of evidence. An officer’s misconduct can severely affect the prosecutor’s case, and he or she may choose to drop the DUI charge.
4. Medical Conditions
Wondering what medical conditions have to do with how to fight a DUI? Well, some conditions such as diabetes and hypoglycemia can trigger ketosis. Ketosis can be as a result of low carbohydrate diet or lack of enough insulin in case of a diabetic person.
Ketones produced in the body convert into alcohol and can lead to high BAC levels recorded in the test. This argument can be used in case you have such a medical condition.
5. Lack of Proof That You Were Driving
The prosecution has to prove that you were actually driving for you to be convicted. If you were in a parked car or had been in an accident, and there was no proof that you had been driving, the prosecutor will have a hard time getting a conviction in court.
Getting a DUI Dropped
Each DUI case is different due to the unique circumstances surrounding it. But at least one of the top five arguments can be used in beating a DUI case. However, you have to find a competent DUI attorney who can utilize each of these tips effectively to get your case dropped.
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