Attorney Brandan J. Davies


Brandan Davies Aug. 24, 2020

We all know that people accused of driving while under the influence are easy targets of bias and stigma, and it’s for this reason exactly why winning a DUI charge can be an extremely challenging endeavor.

However, a DUI case is something that is highly beatable, provided that you know some tips and tricks of the trade. The following are some of the things that you may do in order to win a DUI case filed against you:

Prove That the Checkpoint Stop was Made Illegally

Before the administration of the field sobriety tests or breath test, a police officer will first have to pull you over for a specific reason. Some the most common ones include driving above speed limit, driving very slowly, failure to observe a traffic light, weaving in and out of traffic lanes, and having a burned out turn signal or headlight. If the DUI arrest is preceded by a stop that is not considered as legal, the court may actually dismiss the case.

Challenge the Suspicion That You’re Driving Under the Influence

In the arrest report, a law enforcement official will include certain traits that can be linked to driving under the influence, such as red eyes, slurred speech and poor motor performance. However, these and others can be disputed as they do not necessarily result from alcohol ingestion. For instance, they can be due to a certain medical condition or the intake of prescribed medications. Sometimes they can also be caused by some personal care products.

Dispute Field Sobriety Test Results

Field sobriety tests are commonly administered by police officials to determine whether or not people who are pulled over may be intoxicated. However, many of the assessments involved have been proven completely unreliable by numerous studies. According to experts, several different factors such as being overweight, wearing restrictive clothing or ill-fitting footwear, and poor weather conditions can make people fare badly on field sobriety tests.

Question Blood Alcohol Level Results From a Breath Test

Aside from field sobriety test, a law enforcer may also evaluate the blood alcohol level or BAC of an individual who is suspected to be drunk with the utilization of a breathalyzer. However, a breath test may in fact provide results that do not show the actual amount of alcohol consumed. For instance, the use of alcohol-based oral care products can cause increased BAC readings. The device’s improper maintenance or malfunctioning can also impact the results.

Establish That the Arresting Officer Failed to Mirandize

While arresting people who are deemed to be driving under the influence, the officers should Mirandize the individuals — they must be informed that they have the right to stay silent, that anything they say can be used against them, and they have the right to have an attorney. If there’s failure to Mirandize, then each and every piece of evidence collected may be regarded as inadmissible. And without evidence, there is no case.

Obtain Legal Assistance From a DIU Attorney

Being convicted of a DUI offense can come with very serious consequences, and so it’s of utmost importance for you to win a DUI case. Such requires the assistance of someone who is well-versed with the law, has access to crucial investigative resources, and is capable of presenting arguments in the courtroom — and that someone who can assist you in beating DUI charges is a highly competent Overland Park DUI attorney.