If you were recently arrested and charged with DUI, you are probably in shell shock right now. The fact that you are facing thousands of dollars in fines and possible jail time, as well as a license suspension, may only be the beginning of your problems if you are found guilty. If you depend on your license for work, you may also find yourself out of a job. So, how can you get out of a DUI charge?
The first thing you need to do is have your case evaluated to see what possible defense strategies you have for your case. You can do this free at DUIRights.com. In addition, you will find more information on local DUI laws as well as recommendations for local attorneys. Once you have settled on attorney, it is time to develop a strategy to help you win your case.
- Did you take field sobriety tests – these tests have long been considered biased and the results may be dismissed based on the conditions of the test.
- Did you take a field breathalyzer – like field sobriety tests, field breathalyzer tests are often inaccurate. In addition, some police officers are simply not well trained on how to operate the machines. Actually, you can refuse to take any field breathalyzer or sobriety test if you so desire.
- Did you take chemical tests – all states are implied consent states, which means you must take these tests if asked or risk automatic license suspension. If you did take the test and fail, your attorney may still find fault with the testing procedures. For instance, if the test did not take place until hours after the stop, you may have had an inaccurate reading due to a rising blood alcohol level.
- Why were you stopped – in order to make a traffic stop, an officer must have probable cause. If you were caught leaving a bar and then stopped for no reason, meaning you were not violating any traffic laws, the stop can be scrutinized. If you were stopped at a checkpoint, the proper procedures must be followed for this as well. Your attorney can better evaluate if the stop was legal or violated your rights.
- Were you read your rights – this is tricky because sometimes officers will say there were just talking and you admitted guilt. If the officer is interrogating you, you must be read your rights, period, so the best recourse is to ask for your attorney and wait for him or her to deal with the questions from the police.
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DUIRights Support is comprised of legal writers and attorneys who are able to generate useful information about issues relating to DUI. Please use all information at your own discretion and never use the information as legal advice without consulting with an attorney.
Can a person over the age of 65 be given the sobriety test.
This is up to the officers discretion. Normally if there are any disabilities with the suspect the officer will resort to other testing like breath or blood.
Around 0400 on November the 14th, 2015 I driving down south lumpkin round, my car was sounding funny so I pulled over into the median. While I was looking in my trunk a police officer pulled up behind me and told me to get out of my trunk, I did so. He asked me was there any reason why I was speeding & I responded saying “Wasn’t aware I was speeding, sleepy just trying to get to my woman’s house.” He then asked me was I drinking, I told him “No” he put me through a few field sobriety test. I informed him of my knee issue which will make it difficult for me. Afterwards he places me in handcuffs and informs me I’m under arrest. He never asked me to blow for the sobriety test, however he did say arrogantly “Since you don’t want to blow then they will take your license for a year. I was shock simply because I was not given the chance to blow. Shocked I called for the officer to come back which he did not. At the county jail I was not given the opportunity either. I was wrongfully arrested. I do understand the seriousness of this charge I’m facing so I am looking for a great lawyer who believe in Justice…