The first question many folks have when they contact a DUI attorney is, "Is it even possible to beat this charge?" Sometimes the case is so simple that the answer is an easy "Yes." Other times, it can be a little more complicated. Take a look at what makes a case potentially beatable.
What Makes a DUI Charge Beatable?
There are two possible scenarios where a defendant might have a fair chance of beating a DUI charge. First, a DUI attorney might be able to show that there are serious questions about the claim the person was intoxicated. Second, the police or the prosecution might have messed up in handling some part of the legal process.
Questions About Intoxication
These cases tend to fall into one of two groups. In the first group, you'll find cases where there are doubts about how tests were administered. The second group involves scientific arguments regarding why a positive test was caused by something else.
When it comes to the administration of the tests, most questions come from whether the equipment was faulty. A DUI lawyer can demand the police produce maintenance logs and serial numbers for equipment. They can then look at potential issues like equipment recalls and excessive years of use. For example, a particular system might have been implicated in a number of false positives, and a DUI lawyer can present this evidence in court.
Cases involving scientific arguments are less common, but they do appear. There are biological issues that occur in a small percentage of the population where someone's gut bacteria constantly produce large amounts of alcohol. Unsurprisingly, such a defense requires a good bit of research and possibly even expert testimony to hold up.
Even the drunkest driver to ever hit the road has a right to expect the police and the prosecution to do their jobs well. The cops are required to establish reasonable suspicion before they can pull a motorist over, for example. Likewise, they have to ask questions to establish enough concerns to justify a field sobriety test. Dash or body camera evidence from the officer might show, for example, that the driver never crossed the yellow as the cop claimed in the affidavit.
Legal procedures after the arrest have to be observed, too. If an officer fails to appear for court or a prosecutor files the wrong paperwork, the case may be dismissed.
For more information, reach out to a DUI attorney.Share