Factors That Affect DUI Conviction Rates

DUI fatalities are a serious problem in the United States, claiming on average more than 42,000 lives each year and resulting in up to 37% of all auto-accident related deaths. While DUI is an important problem, DUI conviction rates vary tremendously based on a variety of factors.

The most important of these factors include whether or not a breathalyzer test was performed, and what the outcome was; whether the subject passed a field sobriety test; which judge is assigned to a case; and quality of legal representation.

The following is an analysis of how these factors affect DUI conviction rates.

1. Breathalyzer Tests

It turns out that in almost one out of four cases, a breathalyzer test will yield a result that is significantly higher than a far more accurate blood alcohol test. Because breathalyzer test results are so variable, they can result in the conviction of an innocent person for driving under the influence. This is why some people refuse breathalyzer tests altogether when stopped for suspected DUI. If the field sobriety test does not indicate impairment, but breathalyzer results indicate a blood alcohol level over the legal limit, it's important to seek the help of a qualified attorney to avoid wrongful conviction.

2. Field Sobriety Tests

People who fail field sobriety tests face very high DUI conviction rates. Some typical field sobriety tests include standing on one foot for up to 30 seconds; walking heel-to-toe in a straight line, and a horizontal gaze test, which involves following a pen light with the eyes. In some cases, people with specific illnesses, disabilities, or impairments may fail these tests, even when not under the influence.

3. "Lenient" vs. "Strict" Judges

Some judges are more lenient than others when it comes to DUI conviction rates. Lenient judges tend to err on the side of caution in order to avoid convicting an innocent person of DUI, whereas strict judges crack down on everyone, regardless of the strength or merits of the evidence. These judges are hypersensitive to the dangers of DUI, without due regard for the impartiality required in assessing the facts of a particular case.

4. Competent Legal Representation

In addition to a particular judge's approach to DUI cases, the skill and knowledge of a lawyer are crucially important. A lawyer should know the ins and outs of the different evidentiary rules and procedures, which tests are more likely to yield false results, and other mitigating factors.

What Does This Mean for DUI Defendants?

These factors make it nearly impossible to apply any sort of "average" conviction rate to a particular person's circumstance. There are simply too many variables that affect a particular person's chances of being convicted. In all cases though, knowing your rights and obtaining competent representation are the best ways to avoid having your permanent record marred by a DUI conviction.

Without a competent representative to speak on your behalf regarding potentially biasing factors, your chances for being convicted of DUI are far greater. A skilled attorney can consider each of these factors and make the best case to a judge to avoid a DUI conviction.