HOW CAN I WIN MY DUI CASE

In most respects, a DUI / DWI case is like any other criminal case. In any jurisdiction in the United States, the state or local government must prove you guilty beyond a reasonable doubt of the crime with which you are charged. In a DUI / DWI situation, the state or local government must prove you guilty of operating a vehicle while legally intoxicated beyond a reasonable doubt. (Remember, whether you think you are drunk or not has nothing to do with legal intoxication.)

What does "operating a vehicle" mean?

If a law enforcement officer is going to arrest you for DUI / DWI, he needs proof that you were in control of a vehicle. Just being drunk, generally, is not illegal. While you can, theoretically, be arrested at any time for DUI / DWI, to successfully prosecute you for this offense, the government must prove that you were driving a car, truck, snowmobile, motorcycle, van, boat or plane, to list a few vehicle types, while intoxicated.

If you show control of the vehicle by placing the keys in the ignition, or, even worse, turning the ignition, you are in danger of a DUI / DWI. The car does NOT have to be moving for you to be arrested and successfully prosecuted for a DUI / DWI. You may have the car turned off, with the parking brake on and be in a driveway with no intention of going anywhere and still get arrested and successfully prosecuted for DUI / DWI. Why? You gave law enforcement the first piece of evidence they need to prosecute you: you controlled a vehicle by simply placing the key in the ignition. A prosecutor could only speculate as to what your intentions were up to that point. Once the key is in the ignition, however, your defense lawyer will have difficulty arguing that you had any intention other than to operate the vehicle.

What does "legally intoxicated" mean?

All fifty states have drunk driving laws. They all prohibit operation of a motor vehicle while intoxicated. Some states define intoxication as .10 percent Blood Alcohol Concentration (BAC). Many states are even stricter with .08 percent BAC being the legal limit. Every individual has a different alcohol tolerance level, consequently, everyone has a different amount of alcohol one can consume before being legally drunk. A normal, 250 lb. man who just ate a steak dinner with all the fixings can legally consume a little more alcohol than a normal 110 lb. woman who has just finished a small salad for lunch! The man in the above example might be able to consume three, even four beers without passing his legal limit. The woman in the above example may only be able to handle one beer. (Please note that the above scenarios are only examples. They are not meant to contain medically conclusive information).

Since you do not usually have the ability to accurately test yourself, you are at risk whenever you drink and drive. Because you are unable to monitor your BAC, often, you could make a mistake and drive over the legal limit of alcohol. Law enforcement officials, on the other hand, are equipped for just such circumstances. They not only have been trained to look out for poor driving and other tell tale signs of intoxication, but they usually have the breath test upon which to rely.

How does the breathalyzer test work?

A policeman, for example, can ask you to perform certain tasks that will help him determine whether you are legally drunk. These tests include, but are not limited to, standing on one leg, touching your nose with your finger and walking a straight line. He can also ask you to take what is called the breath test. This test conclusively determines your BAC. The breath test, along with blood and urine tests, is usually the most decisive weapon that law enforcement can use against drunk driving.

Since the government must prove that you are legally intoxicated in order to secure a DUI / DWI conviction, the tests mentioned above are almost always employed to collect such evidence against you. BY LAW, YOU ARE NOT OBLIGATED TO TAKE THESE TESTS! Your chance of winning the case dramatically increases if you choose NOT to comply with the law enforcement official's requests. Always be courteous and respectful, but know your rights and realize that you do not have to take the tests asked of you. An officer may be irate and "command" you to take his roadside tests or the breath test. The question you need to ask yourself is: "Am I willing to suffer a conviction on my criminal record or can I afford to fight this case?" Remember that the officer is looking to make arrests and secure conviction, not protect your rights.

Be courteous and respectful, but realize that the tests you are being asked to perform do not take into consideration any physical disabilities or problems you may have. If you have arthritis, standing on one leg may be hard for you when you are stone cold sober. Generally, if you know you are intoxicated, you are better off refusing the tests than being required to explain yourself later on in court. As far as the breathalyzer test, even if you are not intoxicated, not all of the breath devices are well maintained. Poor equipment can result in flawed or even completely false reading. Again, generally, you are better off refusing the test altogether than have to contest the evidence in court. Do not feel bad about hurting anyone's feelings, you are only protecting your rights.

What if I refuse to take a sobriety or breath test?

Many times, a law enforcement official will explain to you that if you refuse his tests, you will lose your driving privileges for a period of time. While that might be true, you need to weigh such an inconvenience with having a criminal conviction on your record, with all of the fines, fees and costs associated with it. Higher insurance rates and extremely costly counseling and penalties are often far worse than a suspended license. Also remember that, in some cases, an attorney can get your driving privileges back, or obtain a restricted driving permit for work and emergencies, while fighting your DUI / DWI.

By the same token, you may feel that you can pass the tests that the officer is requesting of you and avoid court completely. A long protracted trial may be inconvenient for you. More time off from work and higher legal expenses may be considerations. Perhaps you need your driver's license for work and the sooner you have your driving privileges restored the sooner you can get on with your life. Just remember, the choice is yours as to what direction you want to take your DUI / DWI case. The decisions you make as soon as you are pulled over are critical and can determine whether you can win your case or negotiate a plea bargain in court.

What does "beyond a reasonable doubt" mean?

As stated above, in a DUI / DWI case, the prosecutor for the government must prove that you 1. operated a motor vehicle beyond a reasonable doubt, and; 2. did so while legally intoxicated beyond a reasonable doubt.

Whether you have a judge or a jury to decide your case, they must weigh the evidence, (ie. Roadside tests, officer's testimony, breath test, etc.), and find you "guilty" of the offense beyond a reasonable doubt, or "not guilty." Theoretically, if the judge or jury, doubts your guilt in any rational way, they cannot and should not find you guilty. Of course, people are different and cases have different facts making it hard to absolutely define "reasonable doubt" in each case. Your attorney must point out and argue any flaws, fallacies, or doubts in a given case to the judge or jury.

By way of some examples, if you go to trial and the government cannot show that you were operating a motor vehicle, but they can show that you were legally drunk, you should win your case. More specifically, if the government can show that you were driving a car, a policeman pulled you over for speeding and smelled alcohol, you might also win your case. Why? Despite the fact that the government can show that you were operating a motor vehicle and you most likely consumed alcohol, they cannot prove how much alcohol you had. If you only had a couple drinks with dinner and you refused to take any of the officer's roadside tests, especially the breath test, there would be a very reasonable doubt as to whether you were legally drunk and you could possibly win your case. The odds of you prevailing at trial decrease when you take roadside and breathalyzer tests.

Winning your case boils down to what evidence law enforcement is allowed to collect against you. Unlike many other crimes, DUI/DWI places most of that evidence in your control. While an attorney can use many tactics to win a case, the best cases are won due to lack of evidence. Cooperating with the law has it's advantages, too. Financial, work, and family related issues can and should all be factors you consider when deciding whether or not to cooperate with law enforcement.