In Australia, driving under the influence of alcohol is a major problem. It is one of the leading causes of road fatalities in the country. On the other hand, you would think that when caught; calling lawyers in Sydney is always your best bet in beating the case.
While this is true to some extent for some cases, there are many times where drivers can escape jail time even if they are convicted of the crime. So below are 12 ways on how to beat a DUI case in Australia:
But with proper legal knowledge and guidance, you can beat a DUI charge in Australia if done correctly. Here are 13 proven methods that will help you do just that:
1 – Plead Not Guilty and Try to Get Your Charges Reduced or Dropped
It is the most crucial step to take when fighting a DUI charge in Australia. As soon as you get arrested, start preparing by consulting an excellent DUI lawyer and building a strong defense case for yourself. Your lawyer will be able to negotiate with the prosecutors and hopefully get your charges reduced or dropped altogether.
2 – Challenge if There Was a Legal Basis to Arrest You
Police officers in Australia have the power to arrest you if they reasonably suspect that you committed a DUI offense. But this doesn’t always mean that they can be arrested if a driver fails a breathalyzer test or is intoxicated behind the wheel. As a result, you need to find out if there were any legal grounds to arrest you. If not, your case might get dismissed altogether.
3 – Challenge the Administration of Your Field Sobriety Tests
Police officers in Australia can ask you to do field sobriety tests if they reasonably suspect that you are driving while intoxicated. These tests can help them gather evidence to prove that you committed a DUI offense.
But when fighting your DUI charge in Australia, your lawyer should be able to discover flaws in the administration of these tests and challenge their results. For instance, if the police officer who arrested you failed to advise you of the test’s purpose or didn’t let you know that failing can be used as evidence against you, the results might be invalidated in court.
4 – Challenge Your Arrest if You Were Unlawfully Stopped
One of the most crucial rules that police officers must follow when making DUI arrests is not stopping any driver without reasonable suspicion or probable cause. This requirement aims at protecting innocent individuals from unwarranted stops, searches, and seizures.
As a result, you need to find out if your arrest was lawful or not. If the police officer who arrested you failed to follow proper procedure, there could be grounds for getting your case dismissed altogether.
5 – Take Legal Action Against Anyone Involved in Getting You Falsely Accused
When fighting DUI charges in Australia, it’s also important to take legal action against anyone involved in getting you accused. For instance, if you feel that the police officer who stopped you committed some form of misconduct, there could be grounds for getting your breathalyzer test results excluded from evidence.
6 – Make Sure Your Breath Alcohol Concentration Was Properly Tested
Another factor that might affect your DUI charges in Australia is the blood alcohol concentration indicating an unlawful level of intoxication. This test, which should have been done at a police station or medical facility, can either help you get convicted or lead to the dismissal of your charges altogether.
7 – Make Sure You Didn’t Violate Your Right to Remain Silent
When fighting DUI charges in Australia, it’s also important for you to make sure you didn’t violate your right to remain silent during the arrest proceedings. For instance, if the police officer who arrested you failed to tell you that refusing a breathalyzer test can be used against you in court, your blood alcohol concentration test results might get excluded from evidence.
8 – Challenge Your Right to Counsel if You Were Not Properly Advised of It
If you were not entitled to legal counsel when fighting DUI charges in Australia, there might be grounds for getting your case dismissed altogether. It is because Australia’s Constitution guarantees this right to anyone charged with a criminal offense.
9 –If You Were Denied a Breathalyzer Test
When fighting DUI charges in Australia, it’s also important for you to challenge the lawfulness of your arrest if you were denied a breathalyzer test. Generally speaking, any person accused of driving under the influence in Australia is entitled to at least two independent tests with different equipment and operators.
10 –If You Were Denied an Independent Witness
When fighting DUI charges in Australia, it’s also important for you to challenge whether or not your arrest was lawful if you were denied an independent witness during the administration of your breathalyzer test. The reason is that numerous medical conditions could show false-positive results.
11 –If You Were Denied a Valid Intoxication Test
When fighting DUI charges in Australia, it’s also important for you to challenge whether or not your arrest was lawful if you were denied a valid intoxication test. For instance, an independent witness is needed when measuring vital signs during the testing process. However, they are not required to be present during the actual administration of the test itself.
12 –If You Were Denied an Independent Intoxication Test
When fighting DUI charges in Australia, it’s also important for you to challenge whether or not your arrest was lawful if you were denied an independent intoxication test. For instance, alcohol testing equipment must be calibrated regularly to ensure that the results are accurate.
Sydney’s DUI Laws are complex and can be enforced harshly. If you or someone you know has been accused of violating Australia’s DUI laws, it’s important to take immediate action to fight back and avoid penalties.