A Guide To Beat A DUI If I Was Over The Limit In HoustonThe answer to this question is yes. In fact, there are several ways to beat a DUI even if you were over the limit. But, in order to do this, you must be willing to advocate for yourself and not just plead guilty. The next thing you must do is use the resources available to you to successfully fight the DUI charges. These resources are more than just legal defense. But rather you must learn the ins and outs of your case in order to prove there is reasonable doubt or that you are actually innocent. The bottom line is a resounding yes. You can beat your DUI charges even if you tested over the limit.
One of the most successful ways to beat a DUI charge is by using legal motions, arguments, and objections. From the very beginning of your cars, analyze carefully whether there was any type of legal flaw. DUI cases are governed extremely closely, and if there is any type of rule broken, a judge may dismiss the case entirely.
At the time of arrest, an officer must process you and either release you or bring you in front of a judge. If the officer makes any mistake, you could beat your case. The process of arraignment, when charges are filed against you, is another common area of error. After you have been advised of your charges and you have pleaded not guilty, and you have been released either on bail or by your own recognizance, the prosecutor has only 45 days to take your case to trial. It is not uncommon for the District Attorney to not be able to get adequate information together in time. If this happens, they are usually forced to ask the judge to dismiss, not because they failed the test but because their workload is too large.
Another reason a DUI case is often dismissed is when any evidence is either suppressed or thrown out. For instance, if your defense attorney believes evidence was illegally obtained, they can ask the judge to throw it out. One example of this is if a police officer made an illegal profile stop, without any proper reason, a defense attorney can argue the cop’s behavior was not appropriate and ask to throw out both the field sobriety test and the breath test. If these important pieces of evidence are not allowed, the prosecutor will not have enough evidence to convict you and therefore your case is overturned.
Your DUI trial is another place where your defense attorney can help you beat your DUI. A good defense attorney loves the courtroom. A police officer does not. Cops would much rather be on the street, doing their jobs than in the courtroom. They hate being questioned and cross-examined. When a defense attorney questions the way a police officer performed the DUI stop, it definitely calls into question the cop and they lose credibility to the judge. When a police officer’s reputation or credibility comes into question, a DUI charge can be overturned, even if you did test over the limit.