How do I beat a DUI?
UPDATED: Feb 9, 2013
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How do I beat a DUI?
I was involved in a 3 car accident, 1 of which was mine. I was given a ticket for following to closely by 1 officer. Then 2 more officers arrived and charged me with hit and run and DUI. The first officer did not mention anything about alcohol in police report. The second set of officers do in a seperate report.
Asked on February 9, 2013 under Criminal Law, Georgia
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If you want to try to beat this case, your best bet is to attack the credibility of the two officers that determined that you were intoxicated. You can research or request disovery on the officer that did not smell alcohol. For example, if he has ten years more experience, the argument would be that the younger officers with less experience were mistaken-- because certainly the more senior officer would have noticed and documented it earlier. Even if they have the same experience, you can still make the argument; it's just more effective if the other officer has more experience.
You don't mention whether they had you perform field sobriety tests or submit to any type of breath or blood tests. If they don't have this, then their case is significantly lacking. If they really smelled the odor of alcohol and they thought you were intoxicated, why would they not confirm their suspicions with investigative techniques specifically designed to establish intoxication. Essentially, their lack of investigation would be direct evidence that they were not sure you were intoxicated.
You also don't mention whether or not you sought medical treatment. If you did seek treatment and they took a blood sample that showed you were not legally intoxicated, that would the best evidence to refute their DUI allegations.
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