Dealing with DUI

DUI Defense

Your best defense is going to start by nothing. You do have the right to say nothing, unless you know for a fact that you have not had anything to drink it is highly recommended not to answer questions.

You don't have to answer
When pulled over and questioned by an officer it is best to respectfully decline answering any questions until you have spoken with an attorney. If they ask how many drinks you have had and you answer, it will be included in the police report and anything you say as well as your actions will and can be recorded in the police report.

You have two choices when faced with the breathalyzer, to submit to chemical testing or not. If you refuse to blow into the breathalyzer you will automatically lose your license on the spot. Refer below for examples of time frames imposed on license suspensions for both refusing the tests, as well as if you are charged and convicted for a DUI.

For Testing Over the Legal Limit

  • No Prior DUI Convictions = 90 days
  • 1 Prior DUI Conviction within 6 years = 1 year
  • 2 Prior DUI Convictions within 6 years = 2 years
  • 3 Prior DUI Convictions within 6 years = 3 years
For A Refusal
  • No Prior Refusal within 5 years = 1 year
  • One Prior Refusal within 5 years = 2 years
  • 2 Prior Refusals within 5 years = 3 years
  • 3 Prior refusal within 5 years = 5 years

Often the state relies on the results from chemical tests for the prosecution of DUI cases. If the person refused to submit to the chemical tests the prosecutors may try and bring evidence to show the refusal to do the test was because the person knew they were over the limit and guilty. If this is the case your attorney needs to be ready to argue assertively on this matter. It is important to understand your rights. If your rights were unlawfully violated your attorney can have your case dismissed. State laws vary so it is important to know the laws and regulations for your area.

Questioning the equipment
One of the strongest defense tactics used is to question the equipment. For the breathing tests they have an average that the figures are based off of. A good attorney will know and understand the statistics and have a valid approach to prove that you are outside of the average range which therefore makes your readings invalid.

Urine analysis can have the same argument given the labs have an average range to base there tests from. Another defense tactic is focusing on all of the actions the person did correct at the scene.

You have a lot of control over what can be admitted to court, so think clearly when faced with the decision to drink and drive. Your reputation and liberty are on the line. If you were not thinking clearly enough to decide against drinking and driving, you will probably not remember all of your rights. If you are in the unfortunate situation of being charged for driving under the influence remember you are innocent until proven guilty.