With the holiday season fast approaching, some of us will likely be driving to see friends and family and also have a few alcoholic beverages while we’re there. The holiday season is renowned for an increase in DUIs, and this year is likely to be no different. Being accredited, we at Voloshen Law Firm deal with several DUI cases every year. So, we thought it would be a good idea to give you some information on how to avoid getting a DUI charge and what you should do if you get one.
Avoid Drinking and Driving
It may seem obvious, but the best way to avoid getting a DUI is to avoid driving while under the influence of alcohol. Driving under the influence of alcohol is a crime for a good reason. Every year, hundreds of people are killed on the roads in the US by fatal car crashes caused by drunk drivers. There’s never a good excuse for driving while over the limit.
One area that is often seen as a “grey area” is the amount of time it takes for alcohol to leave your system. If you plan on driving the next morning, you should avoid or limit your drinking the night before. It may be surprising, but most people that have a hangover are actually over the limit. Although you don’t feel drunk, you may still fail a breathalyzer test if you’re stopped by law enforcement. For this reason, you should always avoid driving with a hangover.
Have You Been Given a Dui but Haven’t Had a Drink?
It is possible to get out of a DUI charge, but this is often a complicated and expensive process, so it’s best to never risk finding yourself in this situation. However, there are some reasons that you may test positive for a breathalyzer test without even (knowingly) have consumed alcohol. In these situations, you’ll certainly need a lawyer to help prove your innocence. Typical situations that can cause a “false positive” on a breathalyzer test include:
- Faulty breath tests
- Mouth alcohol from mouthwash, alcohol-soaked food, or acid reflux
- Certain medical conditions
- Having consumed alcohol in food
- Alcohol residue on the sensor
Although it can be hard to prove, these are definitely situations where you would need a lawyer.
Can You Get Out of a Dui Charge if You Have Been Drinking?
There are situations when you can get out of a DUI even if you have been drinking, although it is again a very complex and long process. Major reasons why people can sometimes get out of DUIs include:
- You were not driving but mistakenly tested
- Police misconduct
- There’s no probable cause for the stop
You can also get out of a conviction or achieve a lower sentence in certain circumstances. Examples include if you can prove you were driving for a valid emergency, were only slightly over the threshold for the charge, or if it is your first offense.
DUI charges are there for good reason—they keep people safe and save lives. However, there are certain situations when they can be mistakenly issued or where it’s only a very minor breach. In these situations, you will certainly want a lawyer by your side to help fight your corner and prove your innocence or agree to a deal. Here at Voloshen Law Firm, we are experienced at dealing with DUI charges. Make us your first point of contact should you need help with a DUI charge in the Philadelphia, PA area or further afield.