how to win a dui case with a lawyer

DUI Lawyer: Tips On How To Win A DUI Case

• Hire a DUI lawyer. This is the first thing that you should do when you are facing a DUI case. You should hire a...
• Attack the presented evidence. The evidence presented before the court carries a lot of weight; therefore, it’s the...
• Attack the traffic stop. If you understand the law, you know that for the police officer to stop...

Full Answer

How can I beat a DUI case?

Sep 17, 2021 · DUI Lawyer: Tips On How To Win A DUI Case Hire a DUI lawyer. This is the first thing that you should do when you are facing a DUI case. You should hire a... Attack the presented evidence. The evidence presented before the court carries a lot of weight; therefore, it’s the... Attack the traffic stop. ...

How do you beat a DUI charge?

In general, a DUI case needs to show, with admissible evidence, beyond a reasonable doubt, that: There was driving; There was voluntary intoxication; There was impairment by use of alcohol or a drug; There was proof that the person was above a .08% alcohol level at the time of driving, not just at the time of testing (for alcohol cases);

How to beat a DUI?

Dec 12, 2011 · Attitude. I know I will win. My client feels that, and the jury, and the judge, and the prosecutor. The difference between a lawyer who wins DUI cases and one who loses is attitude. Henry Ford said it best, “Whether you think you can or you think you can’t, you’re right.”. My attitude is that I am a good DUI lawyer.

How to win your DUI trial with cross examination?

Aug 24, 2020 · 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 …

Never plead guilty to DUI

Recently, I met a lawyer who pleads about 50 cases a year, and he’s methodical about them. He maybe tries one of twenty. I am not pleased with lawyers who take a case to plead it, regardless of what kind of chance they’ve got to win the case.

Preparation

Preparation makes the difference. I come prepared. I am thorough. I file many motions, study lab regulations, challenge field sobriety and BAC tests, bring an expert, and even appeal when my client’s rights have been shot. I must be better prepared.

Knowledge

I keep my knowledge of DUI law and science up-to-the-minute. I know my subject cold. This gives me the winning confidence. DUI’s are winnable. But, they are hard. DUI is a political crime. Jurors have a much different mind set toward DUI. I am a lot different than just a criminal lawyer.

Thorough initial interview

I block off two hours for the initial interview. I want no interruptions, no phone calls, or anything. I want the client to know that while he or she is here, this is extremely serious. I take the time to really go through an in-depth interview. Most people come in with a negative attitude. They think they can’t win.

Why do police do field sobriety tests?

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.

What are the traits that can be linked to 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.

Should police officers 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.

Can you win a DUI case in Overland Park?

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.

Can a breathalyzer test show alcohol?

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.

What is the BAC limit for driving in California?

The California BAC limit for legal driving is: .01% or higher: If you’re under 21 years old or are on DUI probation for a prior DUI conviction. .04% or higher if: You are driving a passenger for hire vehicle with a passenger (i.e. Uber, Lyft and taxi drivers) effective 7/1/18, or.

What is auto brewery syndrome?

Auto-brewery syndrome is a rare medical condition where alcohol is produced in a person’s digestive system – without drinking any alcohol. Sometimes very intoxicating amounts of alcohol. The condition is most often linked to diets high in carbohydrates and refined foods and the overuse of antibiotic drugs.

What is a 1538.5 motion?

This suppression motion or "1538.5 motion" can exclude the DUI BAC tests from admissible evidence, except for DUI sobriety checkpoints.

What does it mean when your BAC is above the legal limit?

“Rising blood alcohol” defenses apply when your BAC was below legal limits when driving, but rose above the California blood alcohol limit by the time Police tested your BAC level.

What is the cause of ketosis?

2. Ketosis from Atkins-style diets or diabetes. Conditions such as diabetes, hypoglycemia or low carbohydrate diets (i.e. Paleo or Atkins-style diets) can trigger Ketosis. Ketosis is a normal metabolic process triggered in your body when it doesn't have enough carbohydrates from food for your cells to burn for energy.

Is a blood test accurate?

Blood tests by law enforcement are presumed by courts to be accurate and the burden is on defense to prove that they are not. One way to accomplish that is to file a "blood split motion" to retest the blood and learn details about how the blood was stored and the BAC blood test conducted.

Can a breathalyzer detect ethanol?

Studies of Breathalyzers have shown that most cannot accurately distinguish readings for ethanol (ethyl alcohol) from other similar methyl group chemical compounds that can be in your mouth. DUI breath testers capture a sample breath of "alveolar air" from deep in your lungs.

How to fight a DUI case?

FIGHTING A DUI CASE BY NEGOTIATING WITH THE PROSECUTOR. In every DUI case, a prosecutor will be assigned to the case. Just as an individual’s own attorney will review the case and fight for that person’s rights, the prosecutor will also review the case in order to prosecute.

How long does it take to get a trial in Florida?

For a misdemeanor charge in Florida, the period is 90 days.

What is the 4th amendment?

The Fourth Amendment of the United States Constitution protects against unreasonable searches and seizures. A “stop” of a vehicle begins whenever a police officer detains an individual. Generally, such a detention of a driver occurs when a driver realizes that the officer has his lights flashing and that the driver is no longer free ...

Do police officers have to read Miranda rights?

Actually, a police officer is not required to read a person’s rights under the United States Constitution or under the United States Supreme Court case of Miranda v. Arizona. In 1966, “Miranda Rights” were stated by the United States Supreme Court when it decided the case of Miranda v. Arizona, 384 U.S. 436 (1966).

What happens if a police officer does not have reasonable suspicion?

If the officer did not have this reasonable suspicion, then, the stop or detention of the vehicle was illegal. CONTESTING OBSERVATIONS OF THE POLICE OFFICER AFTER A STOP. Police officers will always note observations that they believe indicate impairment by alcohol or drugs.

How long does it take to get a felony charge dismissed in Florida?

For a felony charge in Florida, the period is 180 days. If the specified period of time expires without the person either waiving his or her right to a speedy trial or the person’s trial beginning, then, he or she has the right to pursue the process for a dismissal of the case.

Is a blood test a DUI?

Although a blood test is said to be the most accurate type of test in a DUI case, it must be done properly for it to be admissible in a criminal trial. For example: a. Unless there is an accident causing serious bodily injury, a police officer must receive consent from a driver before having a blood test done. b.