Should You Ever Plead Guilty To DUI?

The short answer is a resounding “no.” Any good defense attorney will tell you that the last thing you want to do in a DUI case pleads guilty. It is possible to beat a DUI charge, but it is 100 percent impossible to beat a DUI charge if you plead guilty. DUI cases can be won, but there’s zero chance of having your conviction reduced or your case was thrown out of court if you admit guilt from the get-go.

Being convicted of DUI can have lasting ramifications on your life, particularly if you are facing a second, third or greater charge. DUIs can lead to time behind bars, loss of driving privileges, fines, and requirements to install an ignition lock on your vehicle. DUI damages your public records and reputation, and it can also do irreparable harm to your insurance rates. If you are facing a DUI charge, contact a San Francisco DUI defense attorney at Okabe and Haushalter to discuss your case.

The truth of the matter is that DUI cases can obviously be “won” or “lost” based on the actions of the accused. They can, however, be won or lost based on the actions of the arresting officer or the lab processing your urine or blood sample—or even the equipment used to administer a breathalyzer to determine your blood alcohol content (BAC) prior to your arrest.

Your odds of overcoming a DUI charge improve greatly if any of the following is true in your case:

• Your vehicle was stopped without reason. Police are required to have a reason to pull you over. Under the 4th Amendment, law enforcement must have a valid purpose in initiating a traffic stop. Absent a reason, any evidence gleaned from the stop is not usable in a court of law, including any breath test result.
• The arresting officer failed to Mirandize you. It is against your rights to place you under arrest without first reading your rights. In this case, the constitutionality of the arrest can come into play, and there’s a chance it could result in charges against you being dropped altogether.
• The breathalyzer used to test BAC was not working properly. If the machine had not been calibrated for a while, then the results can be skewed.
• Your blood test was improperly administered. If the case against you rests on the results of a blood test to determine your level of drunkenness, police must administer the test properly.
• Proper protocol was not used in handling your blood test. The chain of custody in samples obtained from those accused of DUI must be followed, otherwise results may not be admissible.

At Okabe and Haushalter, our San Francisco DUI attorneys look at all possible avenues to help lessen your DUI charge or to have it throw out altogether. Meet with our team of compassionate experts to discuss the details of your case to ensure that you were arrested legally and that all procedures were performed by the book. Contact us now at 310-543-7708 for your free consultation.