Tips for Winning Your DUI Case
Facing criminal charges for driving under the influence can be scary and confusing. While a plea bargain deal may appear to be very attractive, most deals require a person to admit guilt or plea "nolo contendre," which allows the court to adjudge a person as guilty.
When it comes to "winning" your DUI case, some might consider getting a good plea bargain as a win, while others will only accept an outright dismissal or not-guilty verdict. If you are only interested in the later, then the following tips might help you get to that dismissal or not-guilty verdict.
1. Hire a DUI Trial Attorney
Prosecuting attorneys really don't want to see a defense attorney willing to take a DUI case to trial. Most prosecutors have to move mountains of paperwork on a daily basis, so when a case is headed for trial, they know it means they will have even more work to do. And let's face it, attorneys are people, and people are generally work-averse.
A good DUI trial attorney will usually file every single motion available, challenge every single piece of evidence, know the right experts to hire, as well as know how and when to turn up the pressure on the prosecutor.
When looking for your DUI trial attorney, shop around! When interviewing attorneys, ask how many trials the attorney has done, when their last trial occurred, and ask about trial results. However, be warned that DUI trial attorneys will usually cost more than those that don't specifically hold themselves out as trial attorneys.
2. Attack the Evidence
If the main evidence against you (such as a breathalyzer result) is tossed out of court, then your chances of winning can increase dramatically. Although challenging a breathalyzer or other chemical test is no simple task, it can be done.
3. Attack the Whole Traffic Stop
If there was no reason for an officer to stop your car, then you may be able to challenge the initial traffic stop for lacking probable cause. If the stop is ruled to have been improper due to the officer not having probable cause, then there is a good chance that any evidence obtained during the stop will be tossed out as "fruit of the poisonous tree" (since the evidence came about as the result of an illegal stop/search).
- Don't face a DUI alone. Get your case reviewed by a lawyer for free now. (Consumer Injury)
- 1st-Time DUI: 5 Things You Should Know (FindLaw's Blotter)
- 5 Rare, Long-Shot DUI Defenses, Including the 'Low Carb' Defense (FindLaw's Blotter)
- Ten Court Tips: How to Survive Your Day in Court (FindLaw's Learn About the Law)