A Legal Council Guide

« Back to Home

Fighting A DUI Charge

Posted on

If you had driven under the influence of alcohol after leaving a bar or restaurant, and were arrested for driving while intoxicated, you may want to work at fighting the charges against you. While it is never a good idea to drive after drinking, there are instances where the person pulled over was under the legal limit at the time of the arrest. Here are some ways you can fight a DUI charge in an attempt to reduce the punishment attached to the crime.

Get Written Proof

Go to the establishment where you had been drinking and get receipts showing how many alcoholic beverages you had ordered. If you had ordered food, make sure this information is listed on the receipt as well. This will prove your alcoholic content would be lower than if you had only been consuming beverages. Ask the restaurant or bar to put time stamps on your receipts showing at what times you had ordered each beverage. This may prove you had spaced them out over a great deal of time and it may be helpful when comparing the times to the time you were pulled over by the police.

Question Equipment And Procedures

If you believe you were well under the legal drinking limit for your state, you may want to question any equipment the police had use to verify your alcohol content level. If a breathalyzer had been calibrated incorrectly, it would give a false reading at the time you were pulled over. Let your attorney know you would like the equipment looked over for any discrepancies in its mechanics. If you believe a urine or blood test gave false readings, you can ask for paperwork proving the samples tested were indeed yours. There may have been an inadvertent mix-up in the handling of your fluids at the time of testing.

Describe The Arrest Process

There is a chance the arresting police officer did not follow protocol, which would lead to the dismissal of your charges. If they did not read you your Miranda rights or if they failed to do a sobriety test before arresting you, tell your attorney immediately. This would need to be looked into and may be to your benefit as there would be no proof you understood your rights or that you were drinking at all during the time of the arrest.

Be On Best Behavior

After the incident, do your best to be a model citizen. Stay out of any establishment that serves alcohol while you await your trial. Help your community by volunteering your time. Showing you are not a threat to anyone will give you a favorable appearance. The judge may take your actions into consideration, possibly reducing your sentence or fine amount as a result. Contact a DUI lawyer for assistance, if needed.