The first thing to do is obtain a qualified lawyer, specializing in DUI or DWI’s.
Then request a hearing with the DMV. In most states if you don’t do this, your license will automatically be suspended, there is a deadline to do this, the deadline varies from state to state but can be as little as 10days. If you do this by registered letter or by fax it proves that you sent the request by the correct date. This way you can continue driving until your DMV hearing which can be months away.

Don’t be discouraged; even if you’ve failed the breathalyzer test, there are issues that a qualified lawyer can and will investigated. Calibration records, maintenance history, and accuracy checks of the machine that’s used to test you can be sent for by your lawyer, if there are any problems there it can get your test results thrown out. If a blood test was done then the lawyer can send for a “split” test to send for independent testing. If the blood sample doesn’t meet specific requirements in preservation or if there isn’t an adequate level of the preservative or anti-coagulant the blood may no longer be testable and that would also result in having the test results thrown out.

In a DUI court case the prosecution bears the burden of proof, which means that the prosecutor must prove your guilt beyond a shadow of doubt. They will rely on these four things to try to do this; your driving pattern, your Field Sobriety Test performance, your physical appearance, and the chemical test results. If any one of these four cornerstones is brought into doubt the driver should be acquitted.

The driving pattern reported can typically be one sided or incomplete, the officer may only write down the things a driver did incorrectly. A good DUI lawyer can rebut this part of the prosecutor’s case by pointing out what the driver was doing correctly.

Field Sobriety Tests can also be challenged by a skilled lawyer, juries can be made to understand that a driver’s ability to do these exercises can be difficult when you’re nervous and an armed police officer on the side of the road in the middle of the night can be a bit nerve-racking.
Your physical appearance is also deceptive, for example red, watering eyes can be from allergies, from being around cigarette smoke or from being tired.

The chemical test results we’ve already touched on. Remember the machines have to be proven to be working reliably and accurately. If they are, if the numbers are correct and all the regulations of the testing are observed then there still are the issues of your blood alcohol level at the time of driving. It isn’t illegal to have a blood level of .08 or more back at the police station, it’s only relevant if they are able to extrapolate what the alcohol level is at the time of driving. And it’s easy enough to demonstrate how someone’s alcohol level can change due to stomach contents, what time they were drinking and what time they were tested, and how fast their absorption rate is.

The thing is an experienced, qualified lawyer will know what do to prepare for each step of the process, will be able to instruct you in what to do to beat this.
Find them.

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