Five Ways to Beat a DUI Refusal or OUI

Posted in DUI on April 29, 2021

As a Rhode Island DUI attorney, I am frequently asked about ways to beat a DUI. While there is a lot of information regarding this topic, I have chosen the top five ways to beat a DUI refusal or OUI:

1. Don’t Provide Additional Information

At the time of the stop, do not provide any additional information. What this means is, do not answer questions, reply respectfully, “no thank you. Do not state that you have had anything to drink or that you take medication or that you are coming from a bar. Your answers will not help. Do not provide anything that can be used against you. Politely decline field sobriety tests.   Politely decline portable breath tests (PBT) and other chemical tests.

2. Use Video and Audio Recordings to Your Advantage

Most stations or barracks have video so keep in mind that you are being filmed. Many DUI and OUI charges have no chemical test readings so it’s the officer’s opinion that you are intoxicated. If the video shows you standing still, not swaying, good balance this will help. If the there is audio then the sound of your voice, what you say and do not say will be helpful.

3. Get an Independent Blood Test

If you have agreed to take a chemical test, or even if you refused, get an independent blood test as soon as you leave the station.

4. Hire an Experienced DUI Lawyer

Hire an experienced DUI attorney in Rhode Island. Rhode Island now offers a hardship and interlock license that could help you drive to and from work and allow you to continue to drive during and after your case is resolved. Attorney Stefanie Murphy is an expert in the area of DUI, OUI and refusal cases. She appears every day in one or more courts representing motorists charged with DUIs or refusals.

5. Don’t Settle

Keep fighting until you get the result you desire. There are many legal and factual defenses to a DUI charge and you should explore all of them before deciding what to do in your case. Going to trial may seem scary but if you go to trial on the DUI charge and lose, you can appeal to Superior Court and try again. If you go to trial on the refusal charge and lose, it is a civil violation (not criminal conviction) that you can also appeal.

If you or a loved one are facing DUI or OUI charges in Rhode Island, Rhode Island criminal defense attorney Stefanie A. Murphy can help. Contact us today to learn more and to schedule your free initial consultation.