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How to Beat Your DUI

As a DUI defense attorney, one of the questions I am asked the most frequently is Will I be able to beat my DUI? In many cases, the answer is "yes." While The Law Offices of Virginia L. Landry cannot guarantee the outcome of any case, there are proven methods that we use to defend our clients against their drunk driving charges – and win.

Contesting the Traffic Stop

One approach our law firm can take is to contest the lawfulness of the traffic stop. In order to pull you over, the law enforcement officer must have reasonable suspicion to believe that you are driving while intoxicated, or you must have violated some other traffic law such as the speed limit. If the traffic stop was not lawful, then none of the evidence obtained after that point can be considered. In this case, DUI cases are usually dismissed or reduced to a minor traffic offense.

Contesting the DUI Checkpoint

Like traffic stops, DUI checkpoints can also be contested. If you were detained at an Orange County sobriety checkpoint, our law firm can investigate the lawfulness of that checkpoint. Were law enforcement officers following procedure? Was the checkpoint signed off by the Sheriff? Was there a supervising officer on-duty for the duration of the checkpoint? These are all things we can look into. If the DUI checkpoint wasn't lawful, then neither was your arrest.

Contesting the Arresting Officer's Procedures

Law enforcement must follow standardized procedure for how to conduct themselves at a traffic stop, especially stops that involve potential drunk drivers. The National Highway Traffic Safety Administration (NHTSA), for example, wrote the field sobriety test manual that law enforcement officers nationwide must use. If they deviate from this, then the results of any DUI tests you take could be thrown out as evidence. The same principle applies for chemical tests you took after law enforcement placed you under arrest.

Contesting the Chemical Test

Chemical tests evaluate the ratio of alcohol to blood in a person's body to arrive at a BAC (short for blood alcohol concentration). This is the primary form of evidence that DUI convictions are based on.

Although chemical tests (breath, blood and urine tests) are widely viewed as objective and undeniable, they can, contrary to popular opinion, be wrong. The attorneys at our firm are certified to operate chemical tests, so we are uniquely equipped with the knowledge you need to fight inaccurate results. For example, news came out recently of blood testing errors at the Orange County Crime Lab, affecting hundreds of DUI cases.

Any evidence that proves to be questionable, inaccurate, or unlawfully obtained must be thrown out. There are strict guidelines for chemical testing procedures and chemical testing machines. Among other things, these tests:

  • Most be consistently monitored and calibrated for accuracy
  • Must be used with the proper procedures
  • Must only be administered after a lawful arrest

Contacting an Orange County DUI Lawyer

Most importantly, if you want to beat your DUI, you're going to need a good attorney. Contact an Orange County DUI attorney at The Law Offices of Virginia L. Landry today for a free case evaluation. We're here to help you beat your drunk driving charges!