question.jpgIn Criminal Law

How do I avoid a DUI conviction?

If you blood alcohol level is over the legal limit, and if a blood alcohol test is given correctly, getting out of a DUI conviction is difficult, at best. However, there are a few defenses you may be able to present: 1) There was no probable cause to make the initial stop, i.e., the driver had no reason to stop and test you for intoxication; 2) you weren’t actually driving, someone else was; 3)you weren’t given implied consent warnings - officers must inform you of the implied consent laws in your state and the consequences of not taking a blood-alcohol test before administering it; 4) you weren’t drunk when you were driving, you were only drunk when you took the test (alcohol absorbs slowly, so sometimes you may not be drunk while you were driving, but by the time you take the test, you might then be intoxicated); and 5) the equipment used to detect blood alcohol level was defective.