Can I Beat a DUI Even if I Was Over the Limit? - Baltimore Post-ExaminerBaltimore Post-Examiner

Can I Beat a DUI Even if I Was Over the Limit?

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If you consumed more than the legal limit of alcohol and are facing a DUI charge, there are ways to beat the charge. However, you have to know how to defend yourself without automatically pleading guilty in court. It’s also important to have the right tools for the case so you can point out reasonable doubt or prove your innocence in this matter.

According to criminal defense attorney Jay Cohen of Blass Law, it is common for people to be wrongly arrested for driving while intoxicated because officers only need probable cause to make an arrest, but the jury must have proof beyond a reasonable doubt before they convict you. Your lawyer may be able to prove that the officer acted improperly or that your testing was compromised.

Despite your test results and the legal limits in your area, it is possible to overcome these charges, but this is not always easy. Keep reading to learn more about what could get you off the hook for that DUI charge.

How to Beat a DUI

Objections, legal arguments, and legal motions are effective ways to beat a DUI charge. You should hire an attorney as soon as possible so they can analyze your case to determine if you were over the legal limit at the time of your arrest. There are strict regulations concerning how your DUI case will be handled once you’re in court. If these regulations are not met, the judge has the right to dismiss the case altogether.

How a DUI Case Works

From the time you’re arrested, the clock is ticking. The police officers have to process you in the system, release you, and give you a date and time to come before the judge. If the police don’t implement this process correctly, there’s a chance you can beat your case. The legal timer starts running again after you’ve been advised of your charges, been arraigned or pleaded not guilty.

If you were released on your own recognizance or on bail, you’ll have 45 days for the prosecutor to take you to court before the case is dismissed. In many cases, this is not enough time for the District Attorney to prepare their case, which means they are forced to request that the judge dismiss the charges.

Other Times Your Case Can Be Dismissed

There are instances when your DUI case can be dismissed if the evidence of your crime is thrown out or suppressed. Your defense attorney can file a motion requesting that the judge suppress evidence from your case if the evidence was not properly obtained. For instance, if the police make an illegal stop profiling you without substantial reason, the judge may rule that the officer’s behavior was inappropriate.

In this case, the judge should honor your lawyer’s request to dismiss the results of your breath, blood, and field sobriety tests. This means the prosecutor won’t have the necessary evidence to prove your guilt beyond and reasonable doubt, and your DUI case should be dismissed.

Your actual trial is another opportunity to beat a DUI charge, even if your tests show that you were over the legal limit. Remember that your defense attorney will feel much more comfortable in a courtroom setting than the cops will. Police are more accustomed to being in the city making arrests, and they aren’t used to being cross-examined in court.

When you question the police officer concerning how they investigated your wrongdoing as opposed to how they should have conducted the investigation, the officer’s side of the story will likely lose some credibility. If this happens, you could beat your DUI charge, regardless of your alcohol level.

During your trial, a qualified criminal defense attorney can keep irrelevant or unsubstantial testimony from reaching the jury. Often, prosecutors will try to present the evidence of a field sobriety test in the presence of the jury. The test is extremely technical and requires the testimony of several witnesses to be significant evidence.

In some instances, prosecutors won’t be able to prove that the chemical test is reliable. If your blood or breath test is not considered trustworthy, the judge won’t allow the jury to be included in the evidence. If there is not a chemical test included in the evidence for your case, you can beat your DUI.


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