Can I Fight My DUI Charge?

If you are facing DUI charges at the moment, you might be wondering whether or not you should plead guilty. Although pleading guilty will cut down on time and get the case closed sooner, it does entail a list of penalties and consequences. This can include hefty fines, community service, rehabilitation, probation, drug testing, suspended drivers’ license, revocation of professional licenses, and more.

So Here’s What You Need To Know:

Most drunk driving defendants can get their charges reduced, but they are still found guilty. That is why the best option is to take a plea deal so you can eliminate jail time and avoid the maximum charges for your crime. However rare, there are some DUI cases that get dismissed, but for very specific circumstances. Continue reading to learn which scenarios are likely to result in a drunk driving conviction, and which ones may get a person off the hook.

Guilty Conviction

In a DUI case, a defendant is likely to receive a guilty conviction is there is simply no refutable evidence otherwise that they were drunk and operating a vehicle, or, if their BAC was high. A BAC of 0.08 is perhaps arguable in terms of time and so forth, but BAC’s over 0.15 or 0.2 can definitely not be defended in any way. A person with a blood alcohol level of a 0.15 or higher is well over the national legal limit of 0.08 BAC. It is even more impossible to refute a drunk driving charge if, on top of an illegal BAC, a driver also fails a field sobriety test and a blood test and there were witnesses to the act.

Possible Not Guilty Scenarios

A person facing a drunk driving charge may have a fighting chance for a not guilty verdict or case dismissal under certain circumstances. For example, if a person was not actually operating the vehicle at the moment they were stopped by an officer, they could argue that they were not driving so they were not breaking the law. This can occur if a person is sleeping in their back seat while the engine was off, or if a driver pulls over to get out and walk home because they feel too drunk to drive.

Another scenario that could result in a successful trial is if a person can prove that they had more than one alcoholic drink between the time they operated their vehicle and the time they were tested by the officer. This can occur if a person drives to a bar, has a few drinks, and is then questioned by a police officer because they are sitting near their vehicle. A case could also be dismissed or found not guilty if the alcohol test was a urine test. These are not very reliable and easy to disprove in trial, especially if the defendant’s BAC was less than 0.11 percent.

These rare and unusual scenarios are still tricky to defend, and still usually result in a guilty verdict. That is why you should hire an experienced and aggressive criminal defense lawyer who can tell you whether or not you should plead guilty to a DUI charge, and why. They have the knowledge and resources to fight for your rights and preserve your freedoms.

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