Everybody makes mistakes, and sometimes people get pulled over and arrested for a DUI when they aren't guilty. Getting a DUI charge on your record, especially unchallenged by a defendant, could lead to the loss of a good job or prevent eligibility in a future job. If you've been arrested or ticketed for DUI, then there are 3 ways you could get your case dismissed with the help of a good lawyer.
A DUI Lawyer Can Get Test Results Thrown Out for Several Reasons
One of the most common reasons people get arrested for DUI is a failed sobriety test, whether through drawn blood, breathalyzer testing, or field tests. Not only can a lawyer work with a doctor to determine if any medications you are taking could have caused a false positive, he or she can request by subpoena all test results, including lab results. Lab technicians have strict procedures by which lab materials and evidence are handled, and your lawyer will determine if anything hasn't been followed by the law. If your lab materials were mishandled, your case could be dismissed--the chain of evidence handling must be flawless.
A DUI Lawyer Can Determine If Your Rights Were Violated
Another way a dismissal is possible is through interviewing and subpoenaing witnesses. If, for example, you weren't read your Miranda rights before being questioned and a witness verifies this, you can have your case dismissed. Many highway patrol officers have video and audio equipment that records all interactions when someone is pulled over, and that will help determine if you were read your rights. These recordings would be available to your attorney as part of the discovery process, which involves gathering all available evidence.
A DUI Lawyer Can Get Your Case Dismissed Through a Probation-Based Agreement
When legal technicalities are sufficient to get your case dismissed, your best option is to enter an agreement of some sort with legal counsel. Most DUI lawyers are able to get very lenient deals for a first-time offender, often through a plea in abeyance agreement if you are in a DUI court. A "plea in abeyance" agreement is something that will allow you to get your case completely dismissed after a period of probation, which will be supervised closely. It may also involve a waiver for fines, or at least involve getting them reduced on your behalf. This is a great option if you don't want to have a DUI permanently on your record.
Trying to fight a criminal case on your own is not a good idea. It's your right to have a good lawyer representing you, and it's possible you can avoid getting a DUI charge on your record forever. It's worth seeing a lawyer about your case to ensure you are properly protected in the criminal justice system.
Contact a lawyer who specializes in DUI in your area to learn more.