Those who go behind the wheel are mature enough that they know what they should and shouldn’t do while driving. Like, you can’t expect from a driver to not know that he must control his speed, follow traffic signals, and be considerate of other people on the road. Moreover, a driver also knows that he can’t drive while being under the influence of any substance. But while aware of these things, people still end up committing mistakes on the road. Driving while being under any substance influence is one such mistake that people end up committing despite knowing that it is not only illegal but can also have adverse consequences. Car accidents, property damage, highway crashes, and deaths are some of the dreadful results of DUI.

Understandably, an impaired person is more likely to end up in an accident than a non-impaired person. According to stats by National Highway Traffic Safety Administration, every day 29 people in the U.S. die due to the involvement of an alcohol-impaired person. That’s not the end of the story! If a person ends up surviving the accident, his life can still get doomed in so many other ways if he gets caught on DUI charges.

Having DUI charges means a hard life ahead. DUI is a crime, and if you end up with the DUI case, you not only be sentenced to jail or get to pay a fine, you will also get a criminal record. And having a criminal record means that you face difficulty in getting back your driving license, handle trouble while applying for a loan, renting out an apartment, and can get fired from your job. An expert and experienced Vista DUI Lawyer can play a massive role in saving you from the mess. But there are some other ways you can check out to dismiss the DUI charges even before going in the court.

Here are given some ways to beat the DUI charges and skip the trouble:

Non-valid Reason to Stop Your Vehicle:

A police officer cannot stop you just because he felt like stopping you from checking whether you are driving under the influence or not. It means that police officers aren’t allowed to stop drivers randomly to check their sober status. The officer should have a solid reason to stop you even if he feels you suspicious. This can come handy for you to save yourself from DUI charges. Some of the probable reasonable causes to stop you are: over speeding, uneven driving pattern, dangerous driving antics, or inability to follow the traffic light.

If the officer doesn’t have any of the reasons mentioned above to stop you, and he just did because he saw you driving around a famous bar area known for its weekend party night, you have the chance to win the DUI case. You have the right to suppress any evidence collected under the protection of the Fourth Amendment. You can question every field sobriety test and your on-sight words if the officer stopped you for no valid reason. It means that no evidence stands valid, and no test is justified in this situation.

Searches Without Warrant:

Just like the police officer doesn’t have any right to stop you without any solid ground, he also doesn’t have any right to search your vehicle without a search warrant. Under the fourth amendment, you also have the right to put forth objection if the police officer conducts a search without any solid cause and reason, or a warrant.

Most of the time, when police officers stop someone in DUI suspicion, they also search the vehicle to find any alcohol container so that they can get a piece of strong evidence. But you can use this thing in your favor and run motion to dismiss charges due to illegal seizures or searches.

Unreliable Field Sobriety Test:

Another probable way to dismiss your DUI charge is by questioning the field sobriety test. After stopping someone on the DUI charges, police officers usually conduct FST (field sobriety test) to determine if someone is under the influence or not. FSTs consist of three basic tests: HGN (Horizontal gaze nystagmus), WAT (the walk and turn test), and the OLS (one-leg stand).

Horizontal Gaze Nystagmus:

Nystagmus is the medical term that indicates a condition in which the eyeballs make involuntary and repetitive movements. It is hard for an intoxicated person to keep the focus straight because of being high or dazed.

The officer conducts the HGN test to check your gaze. Before performing the test, the officer will check your eyes to see if your pupils’ size is equal, have a balanced vision, and both the eyes have equal tracking. Different ways are used to conduct the HGN test, one of which is by holding an object almost 12 to 15 inches from the level of your eyes and moving it from left to right. The officer determines whether you are drunk or not based on the moment of your eye.

The Walk and Turn Test:

The walk and turn test is another field sobriety test that is based on two stages. During the first stage, the officer will give you instructions, and during the second stage, the officer will ask you to perform the test.

During the instruction phase, the officer will give you proper instructions to conduct the test by demonstrating it on his own. During the performance phase, you will take steps down an imaginary or real line heel-to-toe while keeping your arms to the side, and then take nine steps back. The officer also asks you to speak out the numbers of steps aloud. During the process, the officer will lookout for a few things: balance while walking, difficulty in heel-to-toe walking, the use of arms for balance, and forgetting the number of steps, or speaking incorrect numbers while counting.

The One Leg Test:

In a single leg or one leg test, the officer asks you to stand on one leg for 20 seconds. This test is also to check the quality of your brain because it is difficult for an intoxicated person to keep coordination between body and mind.

These are the basic field sobriety tests that police officers and other law enforcement agencies conduct to check whether a person is on substance use or not. Despite being authorized ways to check the sobriety, these tests still have the potential of human error. An experienced and able lawyer can challenge the test based on the following things:

• Did the officer give proper instructions before the test?
• Was the person having any leg or eye injury?
• Was the accused person tired?
• Was the driver wearing uncomfortable shoes, like heels or a broken sole?
• Was the test conducted on an uneven surface?

Other than that, in the case of the HGN test, a driver can have many other medical conditions other than substance abuse that can cause disturbed pupil contraction or involuntary eye movement. These are some of the points based on which your lawyer can challenge the field tests and save you.

No Evidence of Your Driving:

Besides proving that you were under the influence, the officer must also prove that you were driving. That usually happens if there is an accident. Like, if you ended up causing an accident and the officer arrived later, the officer has to prove first that you were driving the vehicle. It helps even more if there aren’t any witnesses because the officer can’t arrest you if no one is giving any statement against you when the officer himself hasn’t seen anything. The officer can’t do anything with no evidence of your driving, even if you show obvious signs of intoxication.

Blood Test can be Questioned:

The blood test is another test that the officer conducts if he finds you suspicion for alcohol or any other drug consumption. During the test, your blood alcohol concentration (BAC) is checked. If it is higher than .08%, then you are legally deemed intoxicated.

However, there are many conditions based on which you can question the accuracy of the test.

• The detection of a drug in your blood doesn’t prove that you had taken the drug just before driving because some drugs remain in your system for a long time. Like, THC substance in marijuana can stay in your system for as long as 45 days.
• You can also question the test if you find that your test result was forged due to blood fermentation, contamination, and improper storage of the sample.
• Another way to dismiss the blood test is by proving that the blood test was not conducted properly as per the guidelines mentioned in the Code of Regulation.
• You can also run a motion of dismissal if the officer drew your blood without your consent or warrant.

These are some of the ways by which you can question the blood test and file a petition to dismiss the DUI case.

Being charged for a DUI can be very problematic for your life in so many ways. If you have been charged for the DUI, you should lookout for ways to dismiss the charges so that you can free yourself from the trouble. Whether you will be able to find the loopholes or not depends on your selection of the lawyer. So, always make sure to make your lawyer’s choice wisely – it will make the difference!