How likely am I to beat a DUI charge if I was over the limit?

If you are arrested for driving under the influence of alcohol, in every state in the US you face some pretty serious penalties. Not only do you face the possibility of going to jail, but you may also lose your license, have to pay large fines, and have to do community service. The prospect of these penalties, as well as high insurance and a criminal record, lead many people to try to beat a DUI. If you decide to go this route, what are your chances of success?

The ability to beat a DUI depends on having a convincing argument as to why you shouldn't be charged. You can, for example, argue:

• That there is some problem with the evidence obtained. For example, you can argue the unreliability of field sobriety tests, that the breathalyzer wasn't properly calibrated, that the police officer was not appropriately certified in the use of the test, or even that the police officer did not have probable cause to pull you over for drunk driving and thus violated your constitutional rights.
• That your BAC at the time when you were actually driving your vehicle was not above the legal limit, even if it was above the legal limit at the time of testing. This defense, referred to as the "rising BAC" defense is based on the premise that your BAC may continue to go up for a period of time once you're done drinking. It tends to be a good defense only if there was a gap in time between when you were driving and when the test was actually administered.

Hiring a good DUI lawyer can also help maximize your chances of being found innocent of a DUI, so make sure to contact an attorney as soon as you can after your arrest.