In the US, over 99% of people who are pulled over due to driving under the influence, don’t know what to do and what not to do especially when a police officer suspects the drunk driver and interrogates. Being arrested for the DUI chargesis out of someone’s control as well as an unfortunate moment for the driver. However, there are many ways when the accused can beat the penalties especially if wrongfully convicted.
That being said,remain quiet! The investigating officer is out there to look for the information and wants you to provide him your information like correct name and address. Even if you are arrested, the officer will be after this information. In this scenario, anything you say or provide to the officerwill be used against you as evidenceat a laterstage of the trial. In order to beat the charges, don’t speak or argue with the officer, simply, remain quiet. The chances are higher that you are being recorded, so it is wise not to give any evidence against yourself- despite the officer arrest you as your request to let him go will not remove or improve the DUI charges.
Stay away from the ‘sobriety tests or screening’ especially at the DUI checkpoints. Such exercises are designed for the driver to fail. Such NHSTA standardized field sobriety tests are not reliable to gauge the sobriety of a person.
There are certain loopholesin the tests such as the agility and eye tests were not approved by peer-reviewed research. The standards for different age groups and body sizes were not studied. Despite these serious drawbacks, the result of these tests isused in the court against citizens during or before the trial. The officers who run these psycho-physical and diverted attention tests are not sufficiently trained. According to a study by the AmericanAcademy of Forensic Sciences, 98% of Texas officers did not execute the sobriety test properly.
Apart from the screening test, another way to beat a DUI offense charges is not to take a breathalyzer test on the roadside. In most of the states, these handhelddevices are not approved by forensic. In California,the alco-sensor is allowed and is used by the prosecutor in an attempt to convict you. So in to beat the charges under DUI case, simply decline the test politely.
If the officer is arresting you for a DUI, don’t resist him or her for cuffing you. Resistance can make you end up in facing another criminal charge of blocking an officer at the misdemeanor level or at the felonylevel. It is better to stay calm and polite as resistance and panic behavior is usually consistent with drunk people.
Police cars who capture the person under DUI chargeshave audio and video recording of the arrested. It is better to be cautious and not carry any conversation related to your case while sitting in the patrol car. Such conversations can be used against you which means losing the case.
If the police officer asks you to take the implied consent test, take it. Don’t refuse to take this test but definitely ask the officer whether you are allowed to talk to your DUI attorney first. This test is official implied consent test as it is the requirement by your particular state’s law. Refusal to such test may lead to the charges of ‘offense of refusal’ and you may end up in jail.
Following these ways with help of your attorney can definitely help you beat the charges and the chances of reduction or dismissal of the charges become higher.