Drunk driving is reported to be one of the leading causes of severe car accidents that leads to loss of lives and property. Due to this, the government hopes to curb the occurrence of DUI cases by handling every case seriously. The penalties of DUI cases vary from seizure of a driver’s license to community service, fines, jail time, and more. However, if you’re facing a DUI case, there are chances that the penalties might be reduced if you follow the right steps. You must start by understanding the circumstances in your DUI case and consider the following tips for winning a DUI case.
Hire A Lawyer That Is Experienced In Handling DUI Cases
The first thing to do when charged with a DUI case is to hire a lawyer to handle the situation. Whether the case ends up in court or it’s an out-of-court settlement, a lawyer will offer professional and quality legal representation. A lawyer can help your DUI case in several ways such as;
- Reduction of DUI case bias
Once a person is charged with a DUI case, the person will be faced with several biases from the jury, police, judge, and witnesses. It becomes difficult to overcome such challenges by yourself hence you need the assistance of a professional. A lawyer is trained not to be biased about handling a case but to show empathy and treat their clients with respect.
- Good understanding of the DUI case procedure
A lawyer is trained, certified, and experienced in handling several cases. A lawyer understands all that a DUI case entails and how to navigate through the highs and lows of a DUI proceeding. A DUI lawyer can help downplay the aspects that aren’t favorable in your case while placing more emphasis on the areas that can strengthen your defense.
- Handling Evidence and Paperwork
Paperwork and evidence are critical to the success of a DUI case. A DUI case needs the right evidence to boost the case and prove your innocence. An experienced lawyer knows how important evidence is and works relentlessly to create the right paperwork and gather the evidence needed to fight your case.
Challenge The Chemical Test Report Given By The Police
Before an arrest can be made for a DUI case, the arresting officer will conduct relevant chemical tests such as the breathalyzer test and the standard field sobriety test. The test aims to check if the blood alcohol concentration of the driver is .08% or more. Most times, the results of the test are not always as accurate as they’re portrayed; thus the results can be contested. Factors such as body temperature, weather, police intimidation, and more affect the results of these tests. Due to this fact, the case can take a significant positive turn if the attention of the court can be called to the flaws in the test results.
No Mental Impairment Or Signs Of Reckless Driving
Signs of intoxication must be seen before an arrest can be made for DUI cases. If a driver was arrested for DUI without showing signs of intoxication, there are chances that the case can be dismissed or the penalties will be reduced. Before signs of intoxication can be seen in a drunk driver, there’ll be some signs of mental impairment such as lack of coordination, irresponsible attitude, low response rate, and more.
Some of the signs of mental impairment can be seen in the driving pattern such as unreasonable swerving while driving, outrunning traffic signals, low concentration on the road, and more. If the police officer can’t prove mental impairment, the case can be dropped. Also, if your lawyer can professionally de-emphasize the evidence of mental impairment, there are higher chances of winning the case.
Violation Of Miranda Rights
Everyone has Miranda rights which shouldn’t be violated under any circumstance. Miranda rights allow the police officer to state some warning before making an arrest. If the officer refuses the state the required Miranda warning, the arrest can be declared invalid.
Here are some Miranda warnings that an arresting officer must inform an individual before making an arrest.
- “You have the right to remain silent”.
- “Whatever you say or do can and will be used against you in a court of law”.
- “You have the right to an attorney during questioning”.
- “If you can’t afford an attorney, one will be provided for you if you so desire”.
Therefore, take note of how your arrest was made; was it with or without a Miranda warning.