Steps to Fight an Incorrect DUI Charge

Sometimes you can be brought to trial for a DUI that you think was a mistake. Here are the steps to take to get this charge off of your record.

Hire the Right DUI Lawyer

If you believe that your DUI charge was in error, the best thing that you can do for yourself is hire a good lawyer for criminal defense. Especially when you think you are being mistreated, a trial might cause you to experience anger and frustration. You wouldn't want to be defending yourself at trial and start getting angry or overheated. A lawyer can argue your case for you in a straightforward and factual way, while using the tactics that they've studied for an effective case against a DUI charge.

Figure Out What Happened

The first thing to do will be to figure out what happened at the time of the DUI charge. Why did the police officer pull you over, and why did he or she think you were intoxicated? Your route to proceed will depend on what kind of evidence there is against you. For example, a breathalyzer test is pretty condemning, but it's not set in stone. Sometimes these tests can be incorrect. Evidence that's based on observation, such as behavioral evidence, is easier to refute. You could easily give another explanation for why you were cognitively hazy or even disoriented, such as if you were on certain medications.

Then, there's the case where you actually were over the legal limit, but mistakenly. Sometimes it's hard to tell when you're close to that limit. And especially if you've followed the "one drink per hour" rule, it can sometimes be a mistake to blow a BAC test over .08. This is because that rule of thumb doesn't work for everyone, especially if you're below the average weight or have liver problems. Then, you might argue for lighter penalties in your DUI sentencing although the DUI charge is legitimate.

Decide What Outcome to Aim For

A few different outcomes of your DUI trial might be advantageous. Of course, if your lawyer agrees that you could possibly get the DUI charge revoked altogether, then start building a case to deny your charge. But if it's fairly clear that you were over the legal limit, a plea deal can also be advantageous. Although you would still have a DUI on your record, you might be able to keep your driver's license if you put forth a good argument.

To start building a case against your DUI charge, talk to a lawyer like Jeffrey Wiggs, Law P.A.