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Driving under the influence (DUI), also known as driving while intoxicated (DWI), drunk driving, drink driving, or impaired drivingamong others is the crime of driving a motor vehicle while impaired by alcohol or other drugs including those prescribed by physicians, to a level that renders a driver incapable from operating a motor vehicle safely.
Here are eleven ways that help you to fight and to beat DUI charges:
1. Don’t assume that you can’t be arrested for DUI on private property, because you can be charged with DUI in most states, regardless of your location.
2. Avoid any type of vehicle if you have become impaired by overindulging, because any means of transportation can lead to a DUI conviction.
3. If sleeping inside a car after you have been drinking, do so in the back seat, with the ignition off and the keys in your pocket, with the car off the highway.
4. Breath machines are subject to error when you have been recently exposed to volatile fumes, such as lacquer, paint, gasoline, or dry cleaning fluids. Always get a second, independent test.
5. Where faced with a traditional DUI charge, and the indicated level of alcohol allows the state to have a presumption of intoxication in its favor, the defendant must introduce evidence of non-intoxication to rebut the presumption, or face virtual certain conviction.
6. In an “illegal per se” DUI case, proof (by use of retrograde extrapolation techniques) that the defendant was not above the state threshold level because he was still in the absorption stage at the time of the arrest, eliminates one of the elements of the per se DUI. A similar tactic can help where you are facing a “presumption” of intoxication threshold.
7. If the arresting officer misstates the required wording of the implied consent warnings, the state’s BAC test results will be excluded from trial, or the entire case may be dismissed.
8. Change the brand or type of alcoholic beverage to lessen the quantity of alcohol being consumed. For example, use a “low alcohol” brand beer versus regular beer, or alternate with a “non-alcoholic” beer every other hour.
9. Stop all alcohol consumption 1 1/2 hours before starting home and drink water during this time period to improve your chances for a favorable urine test if you are stopped later that night.
10. When you are required to submit to the official state test for BAC, ALWAYS insist on your own independent BAC tests. Some states require you to obtain your tests on your own initiative, and will tell you nothing about your rights to seek another test. Other states will advise you of this right, and will even transport you to a facility for giving a sample, if you are going to be kept in custody.
11. Do not hesitate to contact a lawyer to help you in this case. If you are from Oakland, we have a good news for you: we already know which isthe best Oakland DUI attorney. That is Beahm Law and you can contact their lawyers by using this link: https://www.beahmlaw.com/oakland/dui-attorney/.
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