Last Updated 10th of March, 2010

10 Ways To Beat A DUI

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You might think beating a DUI or DWI charge is impossible, but there are actually quite a few approaches you and your lawyer can take – some of which might be especially helpful assuming you really are innocent.

  1. Hire a DUI lawyer. Immediately after you’re arrested for drunk driving, contact an attorney who specializes in DUI or DWI cases in your area – even if you aren’t planning on trying to beat a DUI. Hiring a reputable DUI lawyer is crucial whether you want to fight the charge or simply make sure your penalties are within your state’s DUI laws.
  2. Find out the statute of limitations. Your lawyer will know what your state’s statute of limitations are concerning filing a DUI charge. If your charge isn’t filed within that time period, it could be outright dismissed.
  3. Gather proof of your health conditions. If you suffer from any health conditions that could make you look or move in such a way that an outsider might think you’re intoxicated, be sure to tell your attorney. These conditions could range from everyday ailments like allergies (which could account for your bloodshot eyes) to more involved issues like physical disabilities (which could make standing on one leg or walking a straight line rather difficult). Some health problems can even affect the results of a breath test.
  4. Check surveillance videos. If you’ve ever seen an episode of COPS, you’re familiar with the various kinds of surveillance videos out there; however, did you know that some states, like South Carolina, actually have videotape laws in place for DUI arrests and the different kinds of sobriety and BAC tests? Even if your state doesn’t require videotaping, police officers might still practice it. Surveillance can take place anywhere from the squad car to the police station, so if anything sketchy happened during your arrest or testing, or if you feel the tapes will show you were clearly sober, the tapes might prove beneficial in court.
  5. Think back to your observation period. Many states, like Florida and California, require a police officer to conduct an observation period before administering a breath test. The length of such an observation period is usually 15-20 minutes, but your lawyer will know whether the period is required and, if so, exactly how long it must last. While failing to carry out the observation period might not be enough evidence to beat a DUI, it will definitely call to question the accuracy and reliability of the rest of the officer’s evidence.
  6. Address the accuracy of the various tests. Some experts are on the fence about the accuracy and reliability of the various DUI-related tests, such as breath tests, field sobriety tests, and sometimes even blood tests. Even so, these tests are widely used and it could be a tricky route should your lawyer opt to take it.
  7. Check for proper licenses, equipment operation, and test administration. Your DUI lawyer might want to make sure the person who conducted your tests is properly licensed, that the test equipment was correctly operating, and that the test administration followed protocol.
  8. Was the stop legal? What about the search? Lawyers love this one, and for good reason. Oftentimes, police officers will overlook the state’s laws regarding when and for what reason they can pull a person over and when they can conduct a search. Keep in mind, though, that this is a double-edged sword. If the officer unlawfully pulled you over and you really were driving drunk, and the officer unlawfully searched your vehicle and found open containers of alcohol, his ability to follow the law might be questioned but it might not be enough to beat a DUI.
  9. Call on witnesses. Oftentimes a DUI lawyer will call on witnesses who can testify that they were with you or saw you at some point during or just before the arrest and that they didn’t suspect you were intoxicated.
  10. Remind the judge of the weather conditions. Adverse weather conditions such as high winds and rain or snow storms affect everything from a driver’s visibility to his ability to handle a vehicle. If such conditions were going on during your arrest, it might have been that they affected your driving ability.

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