6 Situations Where You can Beat a DUI Charge
If you get arrested with a DUI charge, chances are that you will loose your driver’s license. The situation will have a devastating impact on you. Questions like what to do next, whom to consult, what are my options and what about my insurance, are sure to haunt the driver following a DUI charge. In order to improve your situation you need to know exactly what to do to Beat a DUI charge.
Here are 6 situations and the related important details that every driver should know in order to beat a DUI charge.
- If you were not driving:
If the officer did not personally observe you driving or the DMV did not subpoena any witness to establish that you were, in fact, driving the car under influence, you have a good chance of winning the hearing.
- If you were arrested at an illegal DUI checkpoint:
If you were arrested at a DUI sobriety checkpoint that does not conform to the strict legal requirements under California DUI law, the arrest is illegal. This means that even if you were driving under influence, your arrest was illegal and you have a good chance of winning the DUI hearing.
- If the officer did not have any probable cause to pull you over:
If the officer did not have any probable cause to detain you for driving under the influence, the DMV must disregard the action. This could make your arrest null and void. This is yet another way to beat a DUI charge.
- If the officer did not conduct a proper 15-minute observation period:
If the officer does not strictly adhere to California’s Title 17 regulations, which state how breath and blood tests must be administered, collected, stored and analyzed; then the arrest is not under valid grounds.
One of the title 17 regulations is that the officer must observe the suspect for at least 15 minutes prior to conducting a breath test. This is to ensure that the suspect does not vomit, eat, drink, smoke or regurgitate anything else that may affect the results of the test. The failure to conduct this observation might tamper the results and can also help you win the DUI hearing at the DMV.
- If the officer did not properly advise you of the consequences for refusing to submit to a chemical breath test or blood
If you refuse to submit to a DUI chemical blood or breath test, the officer must advise you that your driver’s license will be suspended. This admonition is in writing and the officer is supposed to read it verbatim. If he/she fails to do this, you could win your hearing and you can beat a DUI charge.
- If you did not refuse to submit to a chemical test
Perhaps you did not refuse to submit to a chemical test. Maybe you tried to “blow” but your breath samples were not sufficient. Maybe you were not offered a blood draw as an alternative. Maybe you were simply asking questions about the procedure and the officer misinterpreted the action as hostility and refused to answer your queries.
If this is the case, the officer can’t sustain the action and your odds of winning the case are significantly improved.
A DUI hearing can be stressful and testing, so if you have a DMV Fresno Hearing, make sure you know the above situations well. A DMV Hearing is an administrative proceeding that allows the driver to present relevant evidence against the arrest. This is the civil part of the case and the driver has a right to handle legal counsel to the hearing. Because of the complex legal parameters of these arrests, you stand a good chance of winning the DUI case.
Since every case comes up with unique circumstances, an easy way to deal with the complicated legal framework that surrounds the DUI hearings is to consult a lawyer. In Fresno, California, the experienced DUI attornerys at Fresno Lawmen can win your case in a fast and fair manner by using the potential loopholes and applicable defences. Fresno Lawmen has a simplified procedure to help you navigate the legal hassles while making sure that your driving licence is not suspended by the DMV Fresno, CA.