Getting a DUI while driving home after a perfectly beautiful night can be quite upsetting. Just getting reeled out of your vehicle by the police can be very embarrassing, not to mention the whole testing process. When getting charged with a DUI, several thoughts start to be running through your mind of distraught and guilt. You might be thinking that when you test falsely for the blood and other tests, it might be the end for you, and prison is the only place for you, which isn’t entirely true.
The next few hours after encountering a DUI charge can be devastating,self-reflecting, and discouraging. But after you gain your senses and strength, you will need to stand up for yourself and avoid going to court and pleading guilty. A DUI charge can stay on your record and make challenges for you that can hold you from climbing up higher on life’s ladder. You can be left out from getting the best jobs and enrolling in a study program due to it. If this happens, your life can take a turn for the worst. But all this can be avoided by going through your DUI case right, and maybe hiring an experienced lawyer.
DUI charges can spend your money like water once you get administered in the process by getting a few tests false. And if you don’t act fast in a DUI charge, you might end up paying the entire fees and breaking your bank. To get out of your charge quickly and safely read this self-explanatory and comprehensive guide to the end.
What is a DUI CHARGE?
Driving under the influence is a charge you get when you present irregular driving behavior or cause harm on the streets due to the influence of alcohol and are stopped by the police. And when they run their tests, and you fail them all you, there is no chance of you getting out of it. There are different severities of a DUI charge. It doesn’t matter if it is your first charge, but if you cause harm to a vehicle or person on the streets or had a child in the car, the consequences can be quite severe. There are two degrees of a DUI charge, depending on its nature. The first degree is a misdemeanor; the second is a felony, which can have severe penalties.
The severity of a DUI
Never take a first time DUI charge lightly. You won’t be done after paying various fines and fees, but you can also have to go through some other complicated penalties after it. More chances will be of you going on probation, but you never know when tables turn around you, and you are put in jail after court consideration.
A DUI charge can completely change your life if you don’t handle it properly when the police first encounter you. If you go by the police orders when they halt and test you, you can be saved from severe penalties like suspending of your license on the spot. But even after you go with the authorities with abiding by their rules, you will get your license suspended at some point in court. This can make things hard for you and give you a bad name and mark on your history. You never know the extent of the penalties you can face and how hard or easy will the jail time and fines be after meeting the judges in court.
So it will be better to get some help before all the process happens and to also be able to reimburse the fines you spent on the charge. For this, getting a reliable orange county criminal lawyer will be worthwhile.
Fault in the Breath Test
After your DUI charge, you can deem not guilty with the help of the breathalyzer test results. However, this can be a tricky move, and going at it alone can be challenging for you without the accomplished of an attorney. So, you must be wondering how a test that proves your alcoholic level to be high can help you in getting out of the case untouched? The answer is that there are many possibilities for deeming the test to be untrue. One of them can be the faulty handling and functioning of the apparatus by the police. Another claim can be that the equipment didn’t analyze the level right as it is only able to detect alcohol in breath and doesn’t prove to measure the BAC (blood alcohol concentration) that is necessary to charge the DUI. You can use one from two of these claims and turn the tables around.
Uncertain Cause for the Pause
You get charged with a DUI after the authorities stop you on the streets representing traffic violating acts. According to the law, there should be a cause or an eruption of road rules for a police officer to stop you and test you of driving under the influence.
You can attest in court if you had been stopped for no valid reason while you were driving and present evidence of the charge. The game can be turned against the authorities, and you can cut short some of the sentences.
Undetermined Alcohol Level
Many times the determining alcohol level to call your case a DUI can be wrong or can be proved wrong. The test done for accumulating the amount of alcohol present in your system is by taking a sample from the mouth. But several other symptoms can make your mouth induce alcohol. Other reasons you could have had alcohol in your mouth can be due to burping or containing food items in mouth counting alcohol. Also, conditions like heartburn and acid reflux, as well as GERD, can cause the mouth to have alcohol. If you have any of these conditions or something else that caused alcohol to trap in your mouth, you can plead not guilty in court and save yourself from the whole case and charges.
In another scenario, you can prove to the court that some diet complications might have triggered alcohol in the mouth. These diet factors can be Atkins-style diets and health conditions like diabetes and alike. These conditions and alternative regimens indirectly become the cause of inducing alcohol in the mouth and system. They can turn a BAC test to be false even when you didn’t touch alcohol before driving. And they do this for making up for the fewer carbohydrate supplied to the body. The body produces elements like Ketones that are excreted through breath and urine, resulting in false alcohol tests.
Violations in Testing
Look for violations of the rules and regulations of the authority that take your test. There can be consequences on the police officer who takes your test by not following the rules declared by all states like suspending your DUI charges.
After getting charged with a DUI, contact a lawyer and, together find out if the officer at the time of alcohol testing was certified for the task or not. If not, you can go up in court against them and plead not guilty as the officer’s tests are subject to being undetermined. Also, check with the police department that at the time when you were being tested, was the device properly calibrated to get the accurate reading. If it wasn’t, you could again go free of your charge by winning your case with the device as proof.
Test Taken At a Later Time
There is no precision in a test taken at a later time of a previous intake of alcohol. Any food or drink takes hours to leave the system after ingesting, and still, many particles of it can roam around in your body after it goes. As for alcohol, it can take 2 to 3 hours to dissolve if more than one glass was consumed. This is another way to plead not guilty in court and have your charges removed by detailing with proof that it had been several hours after you landed in the car of alcohol-consuming to call it a charge. If you can prove that you were utterly sober, you will have a chance of not being convicted and can successfully evade the situation.
Not the One Driving
You can go for a plea like this in specific scenarios only. To prove that at the time of the DUI, you were no the one driving you can provide that the police caught you in a parked car positon. Or when after you took over the driving seat or after you got out of the car, and they have no proof of you driving it. The authorities can’t verify you to be drunk driving or have the right to place charges on you if they can’t attest to the court that you were actually driving the vehicle. And with your proof of not being the driver, you can have chares, and fines dismissed.
Unsupportive DUI Symptoms
The intuition of police authority often causes an arrest with a DUI charge by examining the person’s physical features and actions. A DUI is often associated with blurry speech, unclear and watery eyes, flushed face, and improper walk. However, these things can be symptoms of other health conditions and impairments and not the factors of DUI. So in the court, pronounce if you have a condition that caused you to show drunk like symptoms.