The costs of drinking and driving are always incredibly high. As soon as you start the engine while intoxicated, you put lives at risk no matter how much you drank. That is why it is imperative to stay on the safe side of things and call someone for help. Should you happen to get a DUI charge from the police, things can devolve quite quickly.
Your criminal lawyer Burlington will be able to show you the many ways of how to proceed. Some can be brutal on your end, but there may be some ways to drop the charge. Many of these happen to be circumstantial, but they could end up being your saving grace.
Let’s learn how to get out of a DUI first offense:
1. Breath Text Inaccuracy
In many DUI cases, drinking even a small amount of alcohol before operating a vehicle is disavowed. That is because one small error behind the wheel can result in accidents or, even worse, lives lost. If you happen to get pulled over, a police officer will ask you to get out of the car you are driving.
A breath test will then promptly be administered to see the level of alcohol that is in your blood. In some scenarios, the breath test device will operate inaccurately and could make you seem above the legal limit. Should this turn out to be the case, you could have your DUI first offense thrown out when in court.
2. Officer Statement Contradictions
For the most part, police officers will travel in pairs when conducting their nightly patrols. This is to help the officer in various situations where one officer may not readily be prepared for. When it comes to charging you with a first-time DUI offence, both officers may make their statements.
However, the accuracy of these statements will be important when discussed in the subsequent legal proceedings. If any contradictions are present, such as the alcohol content level not recorded in the same manner, it could help you out. A judge may not see this as damning on your end, and the DUI first offense could be null.
3. Roadside Legal Contact
Whenever you get charged with an offence by a police officer, your rights should be informed as early as possible. However, some officers neglect to do this immediately, and it could prove to backfire in the end. Should you get pulled over at the roadside and consequently charged with a DUI, you should be informed appropriately.
If you cannot contact a lawyer at the earliest opportunity to plead your case, it can disprove a charge. Again, this may be subject to the circumstances at hand, and various factors may play into this scenario. However, you could see your first-time DUI charge rendered void for the most part.
4. Reasonable Grounds
Another defence that your lawyer could use to get your charge thrown out of court is the nature of the arrest. Generally speaking, when a police officer arrests you, they will have done so on reasonable grounds. This means that they need sufficient proof to maintain that the arrest was made necessary.
If this cannot be accurately proven to the judge, your charge could be null and void subsequently. The officer will have to record the result from a breath test device to proceed legally. If not, and other pieces of proof are lacking, the proceedings may end before they even begin.
5. Toxicity Report
In Canada, the crown will present their case before a judge to make the DUI charge go through. In this regard, they will also rely on third parties to make their case stronger, such as bringing in a toxicologist. These experts will look at your blood alcohol levels and create a report based on how intoxicated you may, or may have not, been.
However, it is not uncommon for this report to be proven inaccurate by a good defence lawyer. Sometimes, it may be filled with gaps, such as a lapse in judgment by the toxicologist. Should this turn out to be true, you could see your DUI charge getting thrown out quite easily.
6. Speak to a Lawyer
To sum it all up, it is still incumbent on the individual to speak to a lawyer as soon as possible. By doing this, you protect your bases and ensure that you stand some chance of getting through the proceedings. Not all first-time DUI cases are final at the end of the day. By using the circumstances around you, your lawyer will be able to get you out of it in one peace!