You've been pulled over for a DUI. You want to know how to beat it. We've compiled a list of top ways to beat your dui. The list can be used as a helpful guide when trying to determine if the stop was legal and if there's a chance you can beat or lessen the DUI charge.
In addition to this, this list can be make you much smarter when working with a DUI lawyer. Most DUI lawyers should already know most of these scenarious but just in case. Lawyers are people too and people make mistakes.There's a chance you're attorney doesn't cover all scenarios and could very likely miss out on one,
#1 - The Breath Test
If you took a breath test, it is prudent and advisable to always get the calibration records of the device. You will be surprised how many problems there are with the devices. Also, the device is only as good as its operator. There's a likelyhood that the offier who administered the test is not certified to operate the machine.
Finally, its always a good idea to see the name brand of the machine to find out the common problems associated with the device. Most alcohol experts will tell you that there should be a 15 minute wait period before administering the breathalizer to avoid having false high reading that are assocated with mouth alchohol.
#2 - The Blood Test
If you took a blood test, it's always prudent and avisable to always retest the sample to make sure there was an adequate preservative in the blood vial. If there is not enough preservative, you can get what is called fermentation. Fermentation will give you a false high blood alcohol reading and thus a person with a .07% blood alcohol level could end up giving false high readings of perhaps a test twice or three times the level!
#3 - Mistaken Identity
You need to use common sense. If you had one of wine, or one beer yet you are testing a blood alcohol level of .08% or greater, it's possible that your rest results are actually somone else's. You may want to look in the possibility for DNA testing. Thre have been instances, although rare, that the lab has actually given the results for somone else's test.
#4 - The Stop
You need to know why you were pulled over. If you were driving between 10:00pm and 2:00am, there is a good likelyhood that the traffic stop has been fabricated to justify a traffic stop. Most police officers assume late night driving will result in a DUI arrest. If the police office did not have probable cause to pull you over, the case may be thrown out by the judge.
#5 - Rising Blood Alcohol
Your lawyer should be asking you about your drinking pattern. The drinking pattern questions including determing if you drank on a empty or full stomach and the time you first started drinking as well as the last time of your last drink are all important. These factors could have all played all in your reading. If your DUI lawyer fails to ask you these questions, then he may not be defending your DUI case properly.
It is very important to know this information to determine if you had what is called a "Rising Blood Alcohol". It's possible your blood alcohol level was within the legal limits at the time of driving but significantly higher at the police station.
#6 - Sobriety Tests
Not all type of field sobriety test are deemed reliable by the National Highway Traffic Safety Administration. Yet many police officers all over America, administer various forms of field sobrity tests that are not reliable indicators of wheter someone is under the influence of alcohol.
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Legal Disclaimer - This web site is provided by for informational purposes only. None of the information should be considered legal advice. If you have been arrested for DUI, you should contact legal council to discuss the specifics of your case.
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