Do not assume that just because you were arrested for a DUI that there will be a conviction. All the elements of the crime have to be proven beyond any reasonable doubt in court. Only under those circumstances can the arrest result in conviction. For example, they have to prove that you were actually intoxicated or under the influence of drugs and that you were driving the vehicle. A resourceful lawyer can help provide a strong defense to help prevent a DWI conviction.
Your lawyer will work to get a not guilty charge or work to ensure you avoid a jail sentence which is not suspended. A skilled attorney may also help you avoid a felony conviction or discharge your DWI record.
You can beat a DUI in the following situations:
When you were not the driver and there was no probable cause
You cannot be convicted for a DUI if you were not driving the vehicle when the police officer approached you. For example, you may have been intoxicated and simply resting with the key in the ignition waiting for your ride. Another key defense is the probable cause. Your constitutional rights may have been violated if the officer stopped you because of a hunch. They must prove that they actually witnessed intoxication, or that you broke a certain law that justified them stopping you.
When Breathalyzer machine malfunctions and errors in results
The breathalyzer test results can be used as evidence against you but it could also be way to beat a DUI. A breathalyzer may show inaccurate results because of a medication you take or it could be malfunctioning. This makes those test results inadmissible in court. Instances where the breathalyzer machines are not calibrated properly also means the results are inaccurate.
When test results are improper
Field sobriety tests that are not done correctly can lead to your DUI charges getting reduced or even dismissed. A police officer must have strong evidence of intoxication before the officer can request the test. Instances where a police officer forces you to perform a sobriety test can also lead to your DUI charges getting reduced or dismissed.
When the police officer made a mistake
Some mistakes police officers make is pulling over suspects for a possible DUI using anonymous tips. This is not allowed in Louisiana. Another thing not allowed is detaining DUI suspects for too long. Your lawyer can point out these mistakes in court to help you get your DWI charges reduced or dismissed.
For a first offense, the possible penalties include up to six months in jail, a fine of $300 to $1000 and your driver’s license can be suspended for one year. The penalties are harsher for people who re-offend. Get the services of an experienced lawyer as early as possible in the legal process. Your lawyer will review your arrest for defense tips that may help increase the chances of your DWI charges getting dropped and prevent a license suspension.