Is it possible to beat my dui case?

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Is it possible to beat my dui case?

I was recently arrested for dui. But I didn’t hit
anything or cause harm to anyone. I was simply on
the side of the road trying to replace a flat with my
spare then the police showed up and arrested me. I
was so closed to home too but they still impounded
my car and now there are fees left and right about it.

Asked on September 28, 2017 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

DUI is about driving under the influence--it doesn't require that you have an accident, damage anything, hurt anyone, or even commit any other traffic offense (e.g. driving carelessly, speeding, etc.). If you were over the legal limit to drive and you were driving--or in a position where you clearly *must* have been driving (e.g. on the road, changing a flat--you must have driven to get there)--you committed DUI even if you were being the safest driver in the world at the time. Only if you could show that they did not have the right to stop or test you, or that their test was inaccurate and wrong--and these things very rarely work; the police generally know what they are doing about DUI--could you beat the case. If you want to try, retain a lawyer with DUI experience, who knows how to challenge the stop, the tests, and the evidence; be advised you could spend easily $1,500 - $7,500 (depending on the attorney and how much work is involved) on the case.


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