Strategies for fighting DUI in NC
Even if you are guilty of drunk driving, you have the option of reducing or minimizing your conviction. In many cases, especially if this is your first DUI, it makes sense to move to a trial version. We do not know when the lost case will be the winner. Significant evidence may have been lost, or officers may be inexplicably mixing facts.

There are many strategies for fighting DUI charges. Each of these strategies is worth exploring. Therefore, you need a lawyer with DUI experience.
General defense against DWI
Lack of reasonable doubt
If the police officer who arrested you stopped you without reasonable doubt, you can have a valid defense against your claim.

Before police officers can stop you, you must be reasonably suspected of committing a crime. This means that officers cannot stop you with simple emotions. Officers must have a sensible opinion based on the facts or circumstances that a crime has been, has been, or will be committed.
 
Inaccurate field drinking test
Currently, three field drinking tests have been scientifically approved by the National Travel and Safety Agency (NHTSA). These tests are often used by police to develop what is called a probable cause of arrest. These tests are the Nystagmus Fixed Horizontal Look (HGN), the Walk Nine Steps and Turn test, and the Stand on One Leg. Officers can use other optional tests to establish probable cause. However, these different tests are not scientifically valid, according to NHTSA.

In addition, police officers need to receive official NHTSA training to properly conduct these outdoor drinking tests. If tests are not performed according to standard procedures, their scientific validity may be questioned. PA DUI Lawyers have also received NHTSA training for these outdoor drinking tests. As such, they know how these tests work directly.


Incorrect breath test
One way executives can measure the amount of alcohol in the system is to administer a breath test or a drinking analyzer. A breath test measures the amount of ketones released in the body during the processing of alcohol. However, unlike blood tests, it does not measure alcohol in the blood. Unfortunately, breath testing is sometimes affected by mechanical errors. Several external factors can affect the results of a breath test.

Improper administration or manipulation of blood tests
Blood tests usually follow a structured process. That is, there is less room for error. Police officers take you to a hospital or EMS station where your nurse or EMT draws blood. Usually, they take two vials of blood. This allows you to recheck if necessary. However, there are still ways blood test results can be invalidated.

The most common problem with blood tests is a series of errors in custody. Once blood is collected, it must be properly processed and stored. Otherwise, blood quality may be degraded and even fermented. In addition, documents and proper documentation can fail.


You are not driving a car.
You might be surprised that a police officer must prove you were driving a car. For example, suppose you were sitting in a car with the key in the ignition, but the vehicle was not running. This case is handled differently than if you were arrested while driving.

The officer has violated your civil rights.
In some cases, police officers did not follow proper protocols during their arrest. This is why you may argue in favor of firing the case.

Proclaiming you guilty is your best defense.
In some cases, states have cases that are disadvantageous to you. Your DUI lawyer needs enough experience to know if it is true. If so, I should be able to tell you if there are situations where you would be better off convicting. Let's look at some of these situations.

If there is a worsening factor in your case
The most common grounds of guilt involve cases involving more severe sentences when brought to justice. This includes minors in the car while driving, property damage, or when someone is injured by your DWI. Theoretically, the court should already know if these situations exist in your case. Everything must be in the case file documentation. As in most cases, even so, you may not realize that you have been found guilty. How is it possible?

It is a matter of numbers. Prosecutors must always manage dozens of cases. You may have to deal with more than 200 daily lawsuits at the district court level. The state may only know the details of the memory if your case is particularly noticeable. They can scan your case file, but the court moves quickly. Important information can be filled in or overlooked, even when it is in front of you. Sometimes, it is better to be convinced even if the information is revealed. Why?

If you are found guilty, you can get lighter sentences. The judicial file contains information about the deteriorating factors but is still abstract. There it is, in the form of words written or scribbled in police reports. That's one of thousands of reports of this kind that courts look at weekly. If these factors arise in a trial, they will come back to life when a police officer gives detailed testimony about the extent of damage to parked cars and the injuries to passengers. At this point, these exacerbations are no longer abstract. Officers are painting an image of what the scene will look like. The judge sees the night's events more clearly and may respond very well to harsh sentences. Instead of giving the required minimum sentence, she or he can provide a more challenging sentence.


If you have previous DUI charges
Under state law, if a DUI is convicted within the last seven years, the judge has no choice but to impose a minimum of seven days in prison. It is mandatory. If you have a previous DUI and do not win the lawsuit, you may want to plead guilty and hope you do not realize you have the previous DWI. This is a wasteful hope if the former DUI was in North Carolina. States rarely lose it when included in a DMV record. This does not mean that it will never happen. Alone, the previous DUI in the state is ignored due to a DMV computer error.

If the previous DUI was in another state, it is likely to be overlooked by that state. First, it may appear in court files with the technical name of the position used in that state. For example, in Ohio, DUI (Drunk Driving) is known as DUI (Driving Under Impact).


When there are multiple DUI charges at the same time
Multiple DWIs may be involved in addition to the previous DWI. In these cases, a person has two pending DUI rates at the same time. This may seem impossible, but it happens more often than you think. Again, proceed to trial if there is a reason to win a DUI in court. Otherwise, this is what happens:

You go to court for the first DUI claim. Assuming the worst case, you will be convicted. The judge decides to issue a standard statement of the first violation. It usually consists of 24 hours of community service, fines, court fees, and alcohol classes. Then, a second DUI goes to court and is again convicted. This time, it's even worse because he was convicted of a previous DUI within three years. Suddenly, a maximum of $ 2,000 in jail for at least seven days can be fined and your license revoked for four years.


When there are multiple charges other than DUI
If you face multiple charges, you may consider pleading guilty. For example, if the DUI exceeds the speed limit by more than 15 mph or an alleged accident in addition to DUI charging has occurred. Prosecutors may reduce or dismiss these other charges in exchange for a DUI guilty plea. This is because prosecutors believe DWI's position is the one most worried about the public. DUI is also the most severe claim, so you can get a guilty plea by reducing other claims. At the same time, they do not have to spend all the time and effort required to prove the case.

To reduce or eliminate charges
DWIs are indeed charged at the registry. However, for example, by reducing the 81 mph charge in the 55 mph zone, you can get a limited driving privilege, also called a restricted driving license. On the other hand, going to court may slightly exclude DUI from the record, but a conviction on both charges may not result in a driver's license. It's hard to decide until you talk to an experienced DUI lawyer.



Talk to a DUI lawyer now.
Again, we recommend you consult your DUI lawyer about your case immediately. Our law firms have offices in Winston-Salem, Greensboro, and High Point for your convenience. In addition, each office has bilingual staff in case an interpreter is needed. We are ready to provide the required personalized DUI protection. Therefore, contact us today to request a free consultation.