Should I plead guilty to a first DUI? There are several reasons to plead not guilty in DUI cases. Many factors, some of which may not be obvious at the time, can influence the outcome of your defense. It’s crucial to remember that a DUI case can be won!
While many people may feel compelled to plead guilty, believing they were wrong, it’s crucial to understand that pleading guilty is not always the best option. Our expert advice to anyone facing a DUI charge is to always consider your defense options before making any decisions.
Never Plead Guilty to DUI, Even If You Think You Are
It’s essential not to plead guilty or admit guilt, even if you believe you are. This advice is crucial for several reasons. Simply put, the outcome of a DUI case isn’t determined solely by the defendant’s actions. In many instances, how the police or sheriff conducted the stop plays a significant role in the case. Their actions, or lack thereof, can significantly influence the outcome, often more than expected.
Actions of the Arresting Agency
The outcome of a DUI case can often be significantly influenced by the conduct of the arresting agency during the traffic stop. The pivotal question is whether the law executed the stop. Was there a valid reason to pull the defendant over? If the stop wasn’t done correctly, the prosecution may have no option but to drop the case. Evidence collected during a traffic stop may be considered unlawfully obtained if the stop was not executed correctly, highlighting the potential urgency of the situation and the need for the arresting agency to act within the bounds of the law.
Understanding the law is crucial in a DUI case. The case may be dismissed if there is no valid reason to stop, detain, or arrest someone for DUI. The police must have a good reason to believe you are involved in criminal activity before stopping a vehicle; otherwise, the stop is illegal. This knowledge empowers you, as it allows you to challenge the legality of the stop and potentially have the case dismissed.
For example, if a driver is pulled over at 2:12 a.m. simply for being on the road after bar closing time without committing any traffic violations, any evidence obtained after that stop may be inadmissible. It includes statements made to the officer, blood or breath test results, and field sobriety tests, all of which could be suppressed.
Did the Police Officer or Authorities Read the Defendant’s rights?
It is a crucial point. Suppose the defendant was not informed of their right to remain silent. In that case, anything they said to the authorities during the incident may have been obtained unlawfully. In such cases, this information should not be admissible in court and cannot be used against the defendant.
How Were the Sobriety Tests Conducted?
Field sobriety tests are only sometimes reliable indicators of alcohol or drug impairment. Studies show these tests are only 65-77% accurate in detecting impairment.
Additionally, these tests are often not administered or scored correctly. Several factors can lead to poor results for a defendant, including:
- Intimidation from the officer
- Bad weather conditions
- Uneven surfaces
- Poor lighting
- Inappropriate footwear
- Lack of coordination or athletic ability in the driver
Did the Police Officer or Authorities Provide Misleading Information or Bad Advice?
Sometimes, a defendant may ask questions during a traffic stop when suspected of DUI. For instance, if someone asks whether they can refuse a breathalyzer test and the officer or authorities give misleading or incorrect advice, it may be possible to have the breathalyzer evidence dismissed as it was obtained unlawfully.
This defense can also apply if the defendant refused the breathalyzer or if the results showed that they were under the influence.
Police misconduct can be a significant factor in getting DUI charges dropped, even if the defendant is guilty. Police reports must be accurate, proper procedures must be followed, and courtroom testimony must be truthful. The evidence can be dismissed if these aspects are ignored or manipulated.
Was the Breathalyzer Properly Maintained and Calibrated, and Was the Operator Trained?
Sometimes, breathalyzer machines need to be adequately maintained or calibrated, which can make the evidence they produce inadmissible. Additionally, there have been cases where the officer or authority operating the breathalyzer was not adequately trained to use the device. In either case, this raises serious doubts about the validity of the evidence collected, how it was obtained, and the overall accuracy of the results. More importantly, it could significantly impact the outcome of the case.
Why Choose The Law Offices of Krum, Gergely, & Oates for DUI Defense?
Our DUI and traffic violation attorneys are dedicated to providing clear and unbiased answers to your questions. We offer a free, step-by-step consultation tailored to your unique situation.
With years of experience handling DUI charges, we’ve achieved victories for various reasons—obvious or not—thanks to our solid pre-trial preparation and effective cross-examination during hearings and trials. We are confident in navigating your case and achieving successful outcomes.
Our team at The Law Offices of Krum, Gergely, & Oates is not only knowledgeable and aggressive but also understands how prosecutors operate. We are familiar with the common issues that arise in DUI cases and can assist anyone at any time.
The Law Offices of Krum, Gergely, & Oates provide comprehensive services for all aspects of DUI defense. Whether you’re facing state or federal charges, we have the knowledge and experience to guide you through your case.
Call us today at (703) 988-3711 or (301) 840-0080, or use our contact form for a free consultation and case evaluation. Solid defense by exploring all possible options to support your case. Contact us today to schedule a free initial case review with DUI attorneys at The Law Offices of Krum, Gergely, & Oates.
