If you have been accused of drunk driving you may feel that it is inevitable that you will be convicted and face penalties. While there are situations in which this is the outcome, it is not a foregone conclusion. It is possible to mount a successful defense against a DUI charge. The best approach to take in the defense will depend upon the specifics of your case.
A Virginia Beach official recently learned this firsthand. The 74-year-old man was arrested for suspicion of DUI a little over a year ago. At the time of the arrest the man was unable to provide a sufficient breath sample after trying three times. Despite having been told to avoid burping, before the fourth test was to be administered, the accused allegedly did. Burping can lead to an inaccurate test result and when that happened, the testing came to a stop and the man was also charged with refusing a breath test.
The man’s case first went to trial this past June. At that time the man was found not guilty of DUI but guilty on the refusing a breath test charge. As a result of that conviction the man lost his license for a year. He appealed that decision and the case was recently tried.
After a short amount of time the jury found in the man’s favor. In reaching that decision the jury forewoman indicated that they felt that he was trying to do the test correctly. As a result of that decision all charges related to the 2014 arrest were cleared.
As this case illustrates it is possible to beat a drunk driving charge. The best place to start is by contacting a criminal defense lawyer.