When you are accused of a DUI, it’s almost impossible to avoid a conviction. You might even be accused of drunk driving in some states based on just a few assumptions. But there are a few ways you can adopt to avoid conviction.
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Working with a competent lawyer will help further increase your chances of avoiding a DUI charge. Since they have been working in the field for a long time, they know what will work for your case. They can also help you avoid some common mistakes.
Let’s have a look at some of the best ways that you can use to avoid a DUI conviction.
Challenge the Officer
Sometimes, the police officer might charge you with a DUI just because you are leaving a bar or because you were spotted in a crime-ridden area.
This act is not legal, and it is you can only get pulled over when you commit a traffic offense. Even if you weave back and forth in your own lane, it’s not a valid reason to get charged with a DUI. You can challenge the officer if you get accused with no solid basis.
Claim Mistake of Fact
There could be some complications in the DUI testing because of other substances present in the body. It’s possible that a person just had one drink but taking a certain medication has increased the effects of alcohol. If there is such a case, you will have a valid reason for defense.
If there is a possibility that your drink was spiked involuntarily, you may have a good defense in court.
Say it Was an Emergency Ride
If you get charged with DUI, you can claim that you drove the car out of necessity. Make your statement by saying that no other driver was available at the time when someone needed emergency medical attention.
If you show a doctor’s note to the patient, it can further help have a significant factor that works in your favor.
Challenge the Field Sobriety Test
When you get charged for a DUI case, the prosecution may use the field sobriety test as evidence. An experienced Trey Porter Law attorney can challenge the results of these tests as part of your defense strategy.
The prosecution team may testify that you performed poorly on the test and conclude that you are guilty of drunk driving. Your lawyer can argue that your balance and coordination during the testing were affected by factors like fatigue, nerves, and flat feet.
Claim That a Proper Observation Was Not Conducted
When the officer conducts a DUI breath test, they are supposed to observe you for 15 minutes before it. Many officers skip this step and instead do the paperwork and set up the breath test machine.
If you and your attorney show that the officer failed to conduct proper observation, it will help question the entire DUI investigation. It can be termed as invalid because proper steps were not taken to evaluate cases of drunk driving.
