The Ultimate Guide of How To Get Out Of A DUI!

A DUI arrest can turn your world upside down. An immediate loss of license can prevent you from getting to work and other day-to-day functions. Being labeled a “drunk driver” carries a serious social stigma and can bar you from participating in community events and organizations. If convicted, you face costly fines, tough administrative penalties and even jail time.

That’s why it’s important to contact a DUI attorney if you are arrested. An experienced DUI lawyer understands the complexities of the legal process and its weak links. With the help of a determined DUI attorney and an understanding about how good people are sometimes wrongfully charged, your chances of avoiding a permanent criminal record can be greatly improved.

GA Drunk Driving Laws - Breathalyzer Consent

Challenge the DUI Arrest and Stop

Police officers do not enjoy carte blanche when it comes to pulling people over. They must have a “reasonable suspicion” that a crime is underway to conduct a lawful traffic stop. Officers are generally motivated to make car stops because they sometimes lead to arrests for things such as outstanding warrants and illegal activity in the vehicle. An officer may use these and other excuses to make a stop and scrutinize your demeanor.

  • Speeding
  • Driving too slowly
  • Weaving in traffic
  • Weaving outside designated travel lanes
  • Outdated registration or inspection sticker
  • Broken tail lights
  • Failing to signal a turn
  • Tailgating

There are numerous reasons that officers give to pull you over and then require a field sobriety test. These reasons must be made clear in the arresting officer’s report and they can be placed under strict scrutiny in a court of law. If they don’t hold water, the evidence against you can be thrown out. The charges are often get dropped as well. If you are arrested, make a detailed record of what transpired and why you were stopped.

Challenging the Validity of a Field Sobriety Test

For those who watch cop shows on TV, dashcam video provides a window into the crime scene. People who have suffered a DUI arrest are quickly finding that this video log can help demonstrate that the police failed to follow proper protocol when giving a field sobriety test. Departments generally follow a standardized DUI test that includes the following.

  • Horizontal gaze examination
  • The walk and turn test
  • Stand on one leg test

Some non-standard DUI arrest tests can include reciting the alphabet backwards, counting the fingers an officer holds up, and touching your nose with one finger while your eyes are closed. These may be part of a department’s accepted protocol.

Deviation from approved testing and protocol can raise questions about legitimacy and police bias. Dashcam video can also provide proof that you passed the roadside test. If that’s the case, the police may not have had a lawful reason to request a breathalyzer.

Challenge the Breathalyzer Results

If the officer believes sufficient cause exists, you could be hauled into the station for a breathalyzer. When it comes to blood alcohol content results, the old saying that “science is not an exact science” applies. These tests often produce faulty BAC results. These are some of the common things that cause inaccuracies.

  • Improperly Maintained Equipment: To produce accurate results, breathalyzer machinery must be fully calibrated and up to date. This delicate equipment also requires the ongoing care of a trained technician.
  • Improperly Administered Tests: Inexperienced operators and mistakes when conducting the test can result in heightened blood alcohol content results. Human error is common.
  • Health-Related Issues: There are several health conditions that can cause erroneous breathalyzer results. These include things such as acid reflux, GERD, hypoglycemia and diabetes.
  • Dental Work: One of the commonly overlooked factors is dental work. A single piece of alcohol-soaked food trapped in braces or other dental work can greatly influence the final BAC rating.
  • Product-Influenced Results: Oral hygiene products such as mouthwash can enhance breathalyzer results. Studies are also finding that alcohol-laced hand sanitizers can influence the test when used by defendants, police or test administrators. The machine generally cannot distinguish between types of alcohol.
  • Dietary Factors: Specialized diets such as Atkins, low-carbohydrate or high-protein programs can produce false positives in breathalyzer exams. Many of these diets cause the body to produce isopropyl alcohol. Studies have shown that the equipment is not designed to distinguish between types of alcohol.

Rising Blood Alcohol Content Cases

One of the true challenges for accurate blood alcohol content test results stems from differences in absorption. Because every human body is unique, each one breaks down alcohol at a varying rate. The peak BAC concentration generally ranges between 30 and 90 minutes after consumption. Some people fall outside even that wide range.

Your rate of alcohol absorption can be an important legal factor in a DUI arrest. Even if you post a BAC of .08 at the station, that does not necessarily mean you were over the legal limit when driving. An experienced DUI lawyer can create a time line from the moment of alcohol consumption to the exact time you submitted to the chemical test. This may provide a clear picture that you did not actually commit a DUI offense.

Police Fail to Read You Your Rights

When police make an arrest, they are required to read you the “Miranda Rights.” This provides clarity that you can remain silent and have an attorney present during questioning. When the police fail to Mirandize a person, they are omitting the explanation that the answers to questions may be held against you. If they proceed to a field sobriety test or breathalyzer based on your responses, that evidence may be inadmissible. When a DUI attorney gets that evidence thrown out, the charges are often dropped.

Police Fail to Articulate “Implied Consent” Rules

Motorists are often unsure about whether you must submit to a breathalyzer examination. That makes sense because Miranda rights state that you may remain silent. Taking this drunk driving test seems to run contrary to your rights. However, the thinking is that you have given “implied consent” by virtue of accepting a motor vehicle operator’s license.

A police officer may request that you take a breathalyzer examination if, and only if, you fail a field sobriety test or the officer has probably cause. It’s important to note that law enforcement officials must provide you with an implied consent warning as well. That basically means that you understand that you can reject the test, but may be subject to automatic penalties based on that refusal.

The implied consent warning is particularly important because it is unlawful for a law enforcement official to demand or otherwise coerce you to submit to a chemical test. When officers omit the implied consent information and try to pressure you into taking a breathalyzer exam, the results may be inadmissible in court.

Work With An Experienced DUI Attorney

If you have been the victim of an erroneous DUI arrest or believe you are being treated unfairly by the police or prosecutors, contact an experienced DUI lawyer. Criminal defense attorneys are intimately familiar with how the local justice system works and know how to get out of a DUI. By documenting the common police errors in this guide, you can provide vital information for your DUI lawyer to use in your defense.