When Life Gives You Lemons — Call an Attorney

If you've been charged with a DUI, your case may not be as hopeless as you might think. If you have a good lawyer on your side, they may be able to argue that there's a lack of evidence against you or that the circumstances in which you were pulled over were illegal -- thereby getting you off or leading to a reduced sentence. But in order to make this sort of case, your lawyer will need plenty of details about exactly what happened the night you were charged with a DUI.

Remembering what happened during a DUI arrest can be difficult, both because of the alcohol intake involved and because of the trauma of the experience. Perhaps these little details, each of which could blow a huge hole in your DUI case and help your lawyer get you off the hook, will jog your memory.

Did the officer tell you why you were pulled over?

In order to pull someone over, police have to have what's known as "probable cause." In other words, they can't just pull you over because they're bored or because they wonder if you might be drunk. You need to have done something wrong, whether that be speeding, running a red light, or swerving over the yellow line.

Furthermore, when the police pull you over, they need to tell you why. Think back to the night of your DUI. Did the officer say something to the effect of "You went over the yellow line" or "You were going 60 in a 45?" If they just pulled you over, asked if you'd been drinking, and arrested you without explaining what traffic law you violated, then your lawyer may be able to argue that they did not have probable cause -- and therefore the evidence against you is not valid.

How much did you actually have to drink?

In the U.S., it's illegal to drive with a blood alcohol level above 0.08%. Everyone metabolizes alcohol differently, so it may take you three back-to-back drinks to reach 0.08%, while your friend may reach this limit in two drinks. If the police have proof of your exact blood alcohol level on a breathalyzer, that's one thing. But the truth is, many DUI arrests are made based on evidence other than this. For instance, the evidence may just be that the officer saw you swerving and heard that your words were slurring, so they assumed you were drinking.

If there's no direct blood alcohol level in your case, than proving that you did not have enough to drink to bring your BAC to 0.08% is one possible way to free yourself of the charges. If you only had one or two drinks -- or perhaps a few more, but over a very long period of time -- ask yourself who could verify this. Perhaps a bartender or friend could attest to the fact that you simply did not have enough to drink to reach that legal limit.

Could something have happened to "corrupt" the breathalyzer?

If there is breathalyzer evidence against you, then you might be able to blow a hole in your case with details that show that the reading could have been faulty. Did you burp or vomit before blowing into the breathalyzer? This would affect its accuracy. Maybe the officer dropped the unit on the ground before using it; this could have damaged it. If you can think of any detail that could call into question the validity of the breathalyzer results, bring it up to your lawyer.

It's a good idea to sit down and write out exactly what happened, in as much detail as you can remember, on the night you were arrested. Give this account to your attorney. You never know what little detail they might realize is the key to getting you off. For more information, check out a site like http://www.hartlawofficespc.net.