How can I fight the DUI charge? 35 Answers as of July 02, 2013

If I was over the legal limit and failed the field sobriety tests, How can I fight the DUI charge?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel.You have a right to counsel. Don't be afraid to exercise that right. The best way to fight an OUI charge is to hire an experienced criminal defense attorney who will carefully review your file and hire the necessary scientific experts to challenge the test, if it's a viable option.
Answer Applies to: Michigan
Replied: 6/21/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
Although fighting the DUII may be difficult at times having an experienced DUII Lawyer by your side will help with every aspect of the case including getting the best possible plea offer from the state. Contact an experienced DUII Lawyer in your area.
Answer Applies to: Oregon
Replied: 3/22/2012
Law Office of Brian K. Wanerman
Law Office of Brian K. Wanerman | Brian K. Wanerman
Even if you were "over" the legal limit, there are things that can be done. An attorney can challenge the accuracy of the equipment and procedures used to test your blood. An attorney can cross-examine witnesses for possible inconsitencies and biases. An attorney can sometimes suggest other explanations for the prosecution's evidence. The notion of "failing" field sobriety "tests" is a myth (But, you can be sure the prosecutor will tell the jury that you flunked every one). Field sobriety exercies are not "pass/fail" tests. They are designed to provide guidelines that may suggest you are under the influence. An attorney can challenge these, too. You should consult an attorney right away to find out options in your case.
Answer Applies to: California
Replied: 3/15/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There are occasions where there are grounds to contest a DUI. It depends on the facts and circumstances of each case.
Answer Applies to: Alabama
Replied: 3/15/2012
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You can always fight a charge and in fact, you should. Over the legal limit puts you behind the 8-ball as so to speak, the State has the evidence they need, but that does not mean the evidence is admissible. A good DWI lawyer will verify the intoxilizer was operating correctly by a certified officer, with the appropriate calibrations; that the stop was legal to begin with, etc. Just because you blew a .08 or higher does not mean you are dead to rights.
Answer Applies to: Texas
Replied: 3/15/2012
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    How can you fight the DUI? Tough question to answer not knowing the individual facts of your case. And therein lies the answer. Each case is different and very much fact dependent. Basically we break down DUI cases into three categories when defending them: the stop, the arrest, and the breath test. If the stop is questionable (i.e. not lawful) you can use this issue to have the DUI amended or bring a motion and potentially have the DUI dismissed. If the breath test was not done according to strict procedure (set out in statutes) then a motion can be brought in court requesting the Judge suppress the breath (or blood) test - this will result in a stronger case for you or the prosecutor will offer you a better deal. The bottom line is that no DUI is a slam dunk either way. Law enforcement do make errors (it is not an easy job that they have) and the strength of your case often depends on mistakes (and luck!). You need a good DUI attorney.
    Answer Applies to: Washington
    Replied: 3/15/2012
    Cody W. Gibson, Attorney at Law, PLLC
    Cody W. Gibson, Attorney at Law, PLLC | Cody W. Gibson
    Without any more facts than that it is difficult to say, but if those are all the facts and there is nothing outstanding, the State more than likely has met their burden.
    Answer Applies to: Mississippi
    Replied: 7/2/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    There are a number of different ways to fight the charge.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Almost universally police officers will tell people they "failed" FSTs. The breath machine is also not infallible. Additionally, there are a wide number of other procedural, legal, factual and scientific arguments that can be raised.
    Answer Applies to: Hawaii
    Replied: 3/14/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    There are hundreds of ways to fight a DUI case.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Hire a good lawyer, who can find our the state's case against you, and if necessary, work out a plea bargain with the prosecutor, which can possibly enable you to avoid a conviction and mark on your permanent criminal record, as well as revocation of your license.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Salladay Law Office | Lance Salladay
    Given the facts as you set them out there is probably very little you can do to successfully fight the charges. You can request a trial, and require the state to produce its evidence, but it sounds like the evidence is going to be persuasive. Tough case to fight.
    Answer Applies to: Idaho
    Replied: 3/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    I have no idea without seeing the police reports and the evidence in your case. With a breath test over the legal limit and failing the sobriety tests, I would say you have a very uphill battle. You really should hire an attorney.
    Answer Applies to: Washington
    Replied: 3/14/2012
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    You try to fight cases on the law (as it applies to the facts of your case) and the facts. So far you have only provided too few facts to provide a satisfactory answer to your question.
    Answer Applies to: Washington
    Replied: 3/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    First of all, nobody ever passes the FSTs, which are designed for even a sober person to fail. You need to consult a DUI specialist quick, because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 3/14/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    You may have defenses as to the improper administration of field sobriety tests and the breath test. There may be other defenses. You should consult an experienced DUI attorney in your area.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    How? When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 3/14/2012
    The Gorman Law Firm | Scott Gorman
    You can attack the credibility of the State's witnesses, the reliability of the proofs (such as field sobriety tests), and the admissibility of evidence relating to your blood alcohol concentration.
    Answer Applies to: New Jersey
    Replied: 3/14/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    DUI cases are very much based upon scientific evidence. That is why if you want to "fight" a DUI, you need the services of an experienced DUI defense attorney who knows the process and can navigate the complicated scientific issues. Good luck!
    Answer Applies to: Colorado
    Replied: 3/14/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    The ways to fight a DUI fill books. If you really want to fight it you need to hire a lawyer who has significant DUI defense experience.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Many ways. You might have been pulled over illegally. If so, the test results cannot be used. There may have been something wrong with the testing equipment. Your alcohol level may have been rising due to recent consumption, but that argument only works if you are barely over the .08 level.
    Answer Applies to: California
    Replied: 3/14/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Depending on the failed sobriety tests, if there is a video, your speech on the video and numerous other actions you can argue the breath test was erroneous and that you were not impaired.
    Answer Applies to: Florida
    Replied: 3/14/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    What a GREAT question! The truth is, there may be several different ways to fight your charge. That being said, the best way to find out is to contact an experienced professional who is well trained in representing DUI defendants. There may be procedural or factual issues which you might never be able to discover on your own. I recommend speaking with a qualified attorney.
    Answer Applies to: Alabama
    Replied: 3/14/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    You need a skilled DUI criminal defense lawyer trained in field sobriety tests, BAC machine operation, VA DUI law, VA DUI cases, and has a lot of experience in arguing DUI cases. Our firm of former police and prosecutors has defended hundreds of DUI cases (we used to arrest and prosecutornow we defend). The best DUI lawyers know all about the operation of the BAC machine, required calibrations and operator training, Va Code calibration deadlines, proper field test instructions, which tests mean anything, and police procedure and Fourth Amendment protections. It's your life. Hire the best DUI lawyer you can afford. Because DUI arrests are based on technical and scientific evidence, the defendant usually does not have the legal training nor the police knowledge to be able to examine all aspects of the case to maximize legal defenses.
    Answer Applies to: Virginia
    Replied: 3/14/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    There are often technical challenges to the admissibility and accuracy of the breath test and field tests. You have to hire a lawyer that knows how to make these challenges.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Hire a lawyer. The testing machines are NOT always right, and there are many not guilty verdicts despite the machine. (And there are other issues such as probable cause to stop, length of time before testing, length of time of observation, etc.) You need to hire someone ASAP because of the 15 day limit on requesting a hearing on your driver's license matter.
    Answer Applies to: Texas
    Replied: 3/14/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    There are many ways to defend against DUI charges- consult an experienced DUI lawyer as the defenses depend on the facts of the case specifically.
    Answer Applies to: Colorado
    Replied: 3/14/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    There are many ways to defend a DUI charge, even if you failed the tests. First, was the stop legal, or is there a basis for arguing that any and all evidence should be suppressed based on an illegal stop. Second, did the officer conduct the tests as he is required to? Each FST is regulated by specific elements, and there is always a basis for arguing that the test was not explained or conducted properly. Third, is the test result valid. Most officers are entirely unfamiliar with the theory and technology by which breathalyzers operate. You should consult with a competent DUI defender.
    Answer Applies to: New Hampshire
    Replied: 3/14/2012
    Pingelton Law Firm | Dan Pingelton
    You probably can't. But get a lawyer.
    Answer Applies to: Missouri
    Replied: 3/14/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    No DUI case is cut and dry. The field sobriety tests are extremely flawed, as is the secondary breath testing. To begin with the science behind them is flawed, and the studies supporting them are flawed. There are several medical and environmental conditions that can effect the tests as well. What you need to do is contact an experienced DUI defense attorney. And by that I mean someone who devotes 95% or more of their practice to defending DUI cases.
    Answer Applies to: West Virginia
    Replied: 3/14/2012
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    Being able to fight a DUI charge depends on a variety of factors. First, did you take a breathalyzer test? Based upon your question indicating that you were over the legal limit, it sounds as if you did. If you did take a breathalyzer test, was it the portable roadside test, or was it the stationary machine that is set up at the jail? If it was the portable roadside test, then there are sometimes some issues of inaccurate readings with these machines. The stationary machines, on the other hand, are typically accurate so long as they've been calibrated, and the results of those tests are admissible in court. Generally speaking, however, a DUI charge is likely to stick even if a breathalyzer test was not administered. The problem that you run into is that the testimony of the defendant is pitted against the testimony of the officer; the end result of this is often not in favor of the defendant. Again, your ability to challenge this charge in court will depend upon the particular facts of your case, so it would be best to meet with an attorney and discuss your feasible options.
    Answer Applies to: Alabama
    Replied: 3/14/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    There are always defenses! Illegal stop, rising blood alcohol level, improper device maintenance, etc. Consult an attorney about the specific facts of your case. Many of us offer free consultations.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    YOU can't. If you want to fight it, hire an attorney. DUIs are extremely complex and may involve a variety of defenses. Even though you have the right to represent yourself, it doesn't mean you should. If you can't afford an attorney, ask the judge for the services of the public defender. Remember, though, you only have 10 days to request a hearing with the DMV and you are NOT guaranteed a public defender for that hearing. If you want an attorney for the DMV hearing, you must hire one to represent you. Failure to request a hearing within 10 days from arrest, will result in automatic suspension of your license.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    The first thing you do is to read the little pink slip they gave you explaining your Administrative License Suspension (ALS) rights. Most people overlook this as just a piece of paper. It explains very important rights that you have, including the right to appeal the administrative suspension of your license BUT ONLY FOR 30 DAYS. You have a right to a hearing on six specific grounds listed on the back of the form. At that ALS hearing you have a right to cross examine the police. Defending a DUI/DWI charge is VERY fact specific and can't even be summarized or contemplated until all of the facts are reviewed, including but not limited to reading the police report. There are some very good defense attorneys in New Hampshire who have spent many years honing their skills in this area and so there is no way a brief summary like this can even begin to outline what might be best in your case. Obtain legal representation at your earliest convenience and do not let the 30-day ALS deadline pass.
    Answer Applies to: New Hampshire
    Replied: 3/14/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    The stop, many things. It is best to hire your attorney first, then examine these issues, including pleas to something less.
    Answer Applies to: Michigan
    Replied: 3/14/2012
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