Signed, Sealed, and Dismissed: How to Beat a DWI Charge
Did you get a DWI recently? Take a deep breath, it doesn’t mean your life is over. Learn how to beat a DWI with legal help, here.
Sometimes saying no, is your best choice. Harold was driving home from a party when officers motioned for him to stop at a sobriety checkpoint. Afraid of what might happen if he said no, Harold got out of his truck and began following the officer’s instructions. However, when Harold was unable to pass the test, the officers arrested him immediately.
Learning how to beat a DWI charge, starts by knowing your rights. If only Harold had known it was his right to refuse the voluntary test. Then he could’ve spent the night comfortably in bed, instead of sweating it out in a jail cell. Every year, over 1 million Americans go to jail because they’re suspected of driving under the influence. If you or someone you love is facing a DWI case, there is hope.
Read on to learn everything you need to know about protecting yourself from DWI charges.
How to Beat DWI Charges
The first thing you’ll want to know about how to beat DWI charges, is the importance of silence. The less you say, the better your chances are of winning your case. While you do have to be willing to say a few things to the officer, that doesn’t mean you have to hold an entire conversation.
Here’s a shortlist of the items that are okay to say to the arrested officer
- Your correct name
- Your current address
Your name, and current address, are the only two things you have to disclose to the arresting officer. Your right to remain silent is still active, even after arriving in jail. There are most likely audio and video recording devices that are capturing everything you say and do. Unfortunately, almost anything you say will go against you during your DWI case. Officers of the law will also try to trick you and get you to admit fault. If you want to have the best chances of beating a DWI, remain silent, and don’t give up evidence about yourself.
Refuse Voluntary Sobriety Tests
You should never participate in any type of sobriety screening checkpoint if they are voluntary. It’s a common misconception, that these roadside checkpoints are requirements for every driver. However, in reality, the majority of roadside checkpoints are voluntary options created to make drivers feel. The NHTSA standardized field sobriety test isn’t a reliable way to determine if somebody is under the influence. Research shows that these tests were never approved by peer-reviewed research.
However, even though the NHTSA standardized field sobriety test isn’t a reliable way to measure intoxication, it can still hurt you in court. During your pretrial motion hearing, trial, or both, field sobriety tests can make the difference between getting your case dismissed, or going to jail. Another complaint we have about these field sobriety tests is that the officers who administer them are not medically trained. Law officers typically don’t have any formal education in psychophysical testing, and that’s what a field sobriety test is. Considering that sobriety tests are unfair, and only will hurt you, it makes sense that avoiding them is always the best option.
Avoid Roadside Breathalyzer Tests
Now that you know a little bit about the dangers of field sobriety tests, we want to talk about portable breathalyzers. You should never take a roadside breathalyzer test that’s taking place on a portable breath alcohol test. Portable breath tests are infamous for giving inaccurate readings. However, if you submit to a breath test, and you’re even barely over the limit, the results can dramatically hurt your case. In many states, whatever number result the breathalyzer gives, won’t be admissible to you in the court of law.
However, while officers may not be able to say the exact number of the test that you scored, they can state that you tested positive for alcohol. It’s common for jurors to hear the word positive and automatically assume the worst. When it comes time to refuse to take the portable breathalyzer test, it’s always a good idea to be polite but firm. Let the officer know you’d rather take a blood test instead.
Implied Consent Laws
To truly understand how to beat a DWI charge, you have to know implied consent laws. While you don’t have to take voluntary field tests at sobriety checkpoints, implied consent tests are a completely different ballgame. If a police officer asks you to take an implied consent test to determine if you’re under the influence, you should always say yes.
However, you’ll want to tell the officer that you’d like to speak to a DUI attorney first. If you refuse to take an implied consent test, you’ll be committing a crime in and of itself. Refusing to blow on a breathalyzer when it’s an implied consent test, can land you in jail simply for your refusal. However, that doesn’t mean you should confuse your legal obligation to take the implied consent test, with portable breath alcohol all testing machine.
A portable breath alcohol test that’s offered on the roadway, isn’t the only way for you to consent to the officer’s request for a test. Instead, you can suggest the name of a nearby hospital that’s willing to take your blood tests.
Dealing With Being Over the Limit
If you do take a sobriety or breathalyzer test, and you’ve found to be over the limit, there’s still hope. If you’re willing to stand up and fight for yourself, instead of just pleading guilty, you can have a chance of beating the charge.
Here are a few of the tools you can use to be a DUI case
- Legal motions
- Identifying legal flaws
Having legal professionals in your corner is always a great idea when you’re facing charges as serious as DWI. Your legal team will be able to analyze your case from the very beginning. As your legal team looks through every detail of your case, they’ll try to identify any legal flaws. Legal flaws are things that don’t have anything to do with whether or not you were over the legal limit, and instead, reflect on how the officers operated. Police officers have strict rules when it comes to handling DUI cases.
If officers break any rules, a judge can dismiss your case completely. For example, from the second year arrested, a clock begins running. Officers have a predesignated amount of time to process you through the system and bring you before a judge. Should officers fail to accomplish their mission within the time limit, you could beat the case for their legal flaw.
After You Know Your Charges
There’s also another time factor that can work in your favor. The moment someone advises you of the charges against you, and you don’t plead guilty, another time or begins running. Prosecutors only have so many days to take you to trial, or your legal team can request the judge to dismiss your case entirely. It’s not uncommon for the district attorney to have too many cases, forcing them to ask the judge to dismiss your charges.
Finally, you can also get your case dismissed if the evidence against you get started. A good defense attorney can file motions asking the judge to suppress any evidence that wasn’t obtained properly. For example, let’s say the cops stop you without proper reasonable suspicion. If the judge believes their behavior was inappropriate, any field sobriety test, breath, or blood test could be inadmissible.
Get Your Facts Straight
The moment you’re released from jail after a DUI arrest, you’ll need to start writing down everything you can remember. Start writing down all of the details surrounding your arrest, no matter how big or small they may seem.
Here’s a shortlist of the details you should try to remember
- What were you drinking
- How much had you drink
- How long had you stopped drinking when the cops stopped you
- Where were you before you got into your car
- What were you doing before you got into your car
- What spot were you pulled over
- How were you treated by officers
- When and where did you take any chemical tests?
You’ll want to have legal representation in place before you start trying to fight your DUI charges. Take the time to find a DWI Lawyer that has experience handling these types of cases. Experienced legal professionals will know how to use the details of your case, to work in your favor. For example, if the police officer that arrests you doesn’t have a body camera or dashcam in their vehicle, that will help your case greatly.
Now you know the best ways for how to beat a DWI charge. When you know your rights, and have competent legal representation, you can have your life back on track before you know it. We hope that our article will inspire you to stand up for yourself as a citizen, and get the results you deserve. To learn about more ways you can fight for yourself, and when, check out the rest of the site.