Street Fighting DUI 101, It's Not for The Timid or Inexperienced
Ah, fighting the DUI conviction is truly an art and you will either need to be very familiar with the territory, or hire someone who is. The ways and tactics to countering a charge of DUI or DWI are many. Many times, luck or peculiar circumstances can play a large part in determining the outcome of such a challenge. For instance, in the bizarre circumstance that the offender is involved in a collision and then is found to be drinking upon arrival of the officer, it has been sucessfully argued that the accused started drinking “after” the collision! If the accused is taking prescription medications, or suffers from a serious debilitating condition, this can also work in their favor to offset the officer's determination of impairment due to alcohol consumption. In one astounding case (based upon shaky grounds by today's standards) which serves as a real tribute to the mesmerizing skills of a true master litigator, the offender was diagnosed as a chronic alcoholic and his intoxication was found to be involuntary behavior as a result of the disease (Driver v. Hinant, 356 F2d. 761 (4th. Cir. 1966).)
There are easier ways to fight DUI or DWI conviction and, if they are available, should be employed. Perhaps the officer or prosecutor fails to present the statutorily required information before the court. If the situation of double jeopardy arises, defense must be ready to take full advantage of the opportunity to plead guilty to the lesser offense, if such a conviction is a bar to prosecution on the greater offense, and enter a plea of once in jeopardy or prior conviction as to the more serious charge. For example, the defendant may be able to plead guilty to a lesser charge of drunk in public and avoid the more serious charge of drunk driving. Some states have laws prohibiting multiple prosecution stemming from a single act. Under such circumstances, if charged with more than one violation which occurred during the single act of driving while intoxicated, the accused may be able to plead guilty to the lesser charge and make a motion to dismiss the more serious one.
There are easier ways to fight DUI or DWI conviction and, if they are available, should be employed. Perhaps the officer or prosecutor fails to present the statutorily required information before the court. If the situation of double jeopardy arises, defense must be ready to take full advantage of the opportunity to plead guilty to the lesser offense, if such a conviction is a bar to prosecution on the greater offense, and enter a plea of once in jeopardy or prior conviction as to the more serious charge. For example, the defendant may be able to plead guilty to a lesser charge of drunk in public and avoid the more serious charge of drunk driving. Some states have laws prohibiting multiple prosecution stemming from a single act. Under such circumstances, if charged with more than one violation which occurred during the single act of driving while intoxicated, the accused may be able to plead guilty to the lesser charge and make a motion to dismiss the more serious one.