When you are arrested for DUI, you will probably think that it is the end of the world. You will be upset, disappointed, angry, confused, and exhausted all at once. It is common to be afraid of being punished by the court for driving under the influence. You will ask yourself: “How am I going to afford to pay the fines?”, and “How will I get to and from work when my driving privilege has been suspended?”. With all of these thoughts running through your mind, it may be a relief to hear that about 45 percent of all DUI arrests do not result in a DUI conviction. If you have the right evidence to present to prosecutors and an experienced Fairfax DUI lawyer, there is a change that you could be part of the 45 percent statistic. Here is some of the proof that may be able to help you beat your case or reduce your charges:
Proof You Need For Your Defense
When officers conduct a field sobriety test, they are supposed to be as objective as possible. The objective test is designed to detect whether or not a driver is impaired and should not be subjective. But because officers are people, field sobriety tests are rarely objective. Officers are supposed to pay attention to how much control drivers have and whether or not they can think rationally. But many of these officers are set to fail you before they pull you over. And an even bigger problem is that these officers generally do not turn on their audio and video recording equipment during DUI arrests.
This means that the officer can say you were in a drunken state when you were not. In court, it can often be your word against the officer’s. While officers say they do not have a motive to lie on the stand, they earn overtime rates while they are in court. To prevent this from happening, it is best not to take roadside sobriety tests. If you already have, have your attorney request that the jury see video or audio recordings to show that you were not impaired.
Erroneous urine and blood tests are another way that you may be able to beat your case. In some cases, the machine may have not been calibrated or serviced. In other cases, blood can be lost and this blood is evidence the prosecution relies on. If you do submit to a breathalyzer, make sure you ask for proof that the machine was tested and in working order. It is common knowledge that breathalyzers are inaccurate.
It is important to hire a Fairfax criminal attorney before you appear in court for the first time. Your attorney can help you collect proof, come up with a defense, and beat your case.