How to Beat a DUI Charge

Posted by | November 20, 2014 | Criminal Defense, Laws | No Comments
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Getting a DUI (Driving Under the Influence) charge is a nightmare. The legal proceedings are time-consuming, expensive, and, not to mention, embarrassing. Even more, having a DUI on your record can make it difficult to get a job or be approved for professional licenses. So how can you beat a DUI? Well, if you have already been charged with one, your chances of beating it are slim to none. However, there are some things you can do to avoid getting the DUI in the first place.

1. Do Not Drink and Drive – While this may seem like an obvious way to beat a DUI, it’s really very true. Getting behind the wheel after drinking is not only dangerous for you, but for everyone else who you are sharing the road with. From teenagers with new licenses to the elderly, drunk drivers put other drivers at risk every time they get behind the wheel. In Nevada, the first DUI offense will result in 2 days to 6 months in jail, up to $1000 in fines, and a 90 day license suspension. On the second offense, you get up to 6 months in jail, $1000 in fines, and 1 year license suspension. If 2 offenses are not enough for you and you get a third, you could face up to 6 years in jail, up to $5000 in fines, and 3 years of license suspension. From these penalties alone, it should be easy to say no to drinking and driving.

2. Do Not Answer Questions – If you get pulled over for a regular traffic stop (like speeding or expired registration), at a checkpoint, or for an accident, simply obey the officer’s requests. If the officer tries to ask you question other than showing your license and registration, politely refuse. You have no obligation to answer questions about where you have been, how many drinks you have had, or anything related. Also, at regular traffic stops, you do not have to perform any field sobriety tests. If the officer does state that you are under arrest, comply – do not resist. By not answering any incriminating questions, your lawyer will be in a better position to help you beat your DUI. The less information you give the officer, the better.

3. Witnesses Do Not Show – If within a reasonable time period the State fails to produce witnesses, the State may be required to dismiss the charge.

4. Reasonable Suspicion – According to the Fourth and Fourteenth Amendments in the United States Constitution, a person is protected against unlawful search and seizures. If you are stopped by an officer and the officer fails to establish reasonable suspicion, you have beaten a DUI.

5. Probable Cause – Also under the Constitution, a person is protected from being arrested without probable cause. What this means is that an officer must have some kind of evidence to suspect that you are guilty before you can be officially arrested. If you maintained speed, did not swerve, and maintained safe driving, the officer likely has no probable cause to arrest you.

Beating a DUI is tricky and involves understanding your legal rights. While it is best to avoid drinking and driving, there are still legal avenues you can take to reduce your penalties once you have been charged. Contact Bighorn Law to set up a consultation to discuss your legal options.

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