Being arrested for driving while under the influence can be stressful. In addition to dealing with spending time in jail and coming up with the money required to post your bail, you must think about how you will handle your case in court. Many people are scared to take a DUI case to trial because they feel that jurors will have skewed perceptions regarding a DUI. It's important to remember that DUI cases are decided based on the facts.
Here are three potential facts that you should consider when determining if you should take your DUI case to trial in the future.
1. The quality of your sobriety testing.
One of the primary reasons people choose to fight a DUI conviction in court is the poor administration of a field sobriety test. Police rely on a series of test conducted after they pull someone over on suspicion of driving while intoxicated to determine if they will make an arrest.
While most police officers strive to carefully administer these tests, they may be times when a field sobriety test is inconclusive or administered poorly. The quality of your field sobriety testing could be grounds for a dismissal of your DUI case, so be sure to speak with an experienced DUI attorney to determine if the facts surrounding your sobriety testing are strong enough to justify going to trial.
2. The calibration of police machinery.
Another fact that should be taken into consideration when trying to determine if you will take your DUI case to trial is the calibration of the machinery used to measure your blood alcohol level. In order to return accurate readings, these machines must be properly maintained over time.
Your attorney will be able to request maintenance records for the machinery used to justify your arrest and you can use these records to determine if improper calibration could be grounds for a dismissal of your DUI case.
3. The reason for your initial stop.
Since a police officer is unable to determine if someone has been drinking just by looking at the exterior of their vehicle, they must have a reason to make the initial stop. These reasons can include simple things like a broken brake light or an improper lane change.
It's important to carefully consider the reason you were initially pulled over when trying to decide whether to take your DUI case to court. A poor reason for the initial stop could be grounds for the dismissal of your DUI.
Consult with an experienced attorney to examine the facts surrounding your DUI case before you make the decision to take your case to trial.