If you've been arrested for a first, second, or third DUI,then you desperately want to know the answer to this question: Can I beat my DUI charge? And the largely unsatisfying answer is: "Well, that depends." There are a number of factors that can affect the outcome of a DUI arrest. Some you can control and some you can't. Hopefully, this article will give you some peace of mind about your DUI charge.
Your Actions During the Arrest
The decisions that you made at the time of the arrest can largely affect the case against you. Unlike many types of arrests, you have a few options during a DUI arrest. For instance, whether you provide an honest answer when the officer asks you how much you've had to drink. If a police officer asks a question like that, your answer is admissible in a court of law. If you admit to having had six drinks at a bar, it could negatively impact your case. Participating in voluntary roadside exercises generally doesn't favor the defense. If you performed roadsides and there is video, it may not work in your favor. Lastly, providing a breath sample provides the prosecution with evidence of your BAC at the time of the arrest. All of these are factors in the viability of the case against you.
Police Actions that Can Affect Your Case
In order to have a valid DUI case, police officers must follow standard procedures as they conduct their investigation. Here are a few ways that officers can sabotage a case, which works in your favor:
Not establishing probable cause for the stop
Failing to advise you that roadside exercises are voluntary
Not demonstrating the exercises before having you perform them
Failing to video record roadside exercises
Not documenting physical signs of intoxication
Not reading the implied consent warning prior to administering a breath or urine test
Using an improperly calibrated or maintained breath machine
Officers frequently make errors on paperwork and citations that can jeopardize their case. Any of these issues can provide an opening for the defense.
Other Factors that Can Affect a DUI Case
Even the most solid arrests have to be prosecuted. Fortunately, many of the state prosecutors that try DUI cases are relatively new - fewer than five years of experience. Because of the nuances of these types of cases, experience does matter. In addition, state attorneys tend to have heavy caseloads. A good defense lawyer can use this to your advantage when it comes to negotiating pleas.
Selecting a Defense Lawyer
If you've been charged with a DUI, it's in your best interest to hire a private defense lawyer if you can afford one. Public defenders are dedicated attorneys, but they are often too overloaded to do an effective job. A private attorney manages their own caseloads and can dedicate the resources to your case that will be required to achieve a favorable outcome. Selecting an attorney may be the most important decision you can make toward putting this episode behind you. Make certain that the criminal defense lawyer you choose specializes in DUI defense. In Orlando, attorneys handle DUI at Parikh Law. Contact them if you've been arrested for DUI in Orange County, FL