Common Challenges Used To Fight A DUI

If you've been charged with DUI, or Driving Under the Influence, you could face a series of different penalties, including huge fines and possible jail time. If you feel you were wrongfully charged or that you may have a case to beat the DUI charge, it is worth pursuing. Before you go to court, there are several different things your attorney will ask you to ensure you're completely guilty. They may also present several scenarios that can be presented in court that just might help you beat the charge.

Challenging the Initial Stop

When you are stopped by police, they should have reasonable cause to pull you over. Whether you were weaving in and out of traffic. speeding, or you have an expired registration, the officer must have probable cause to pull you over unless you are going through a DUI checkpoint. If your attorney can prove that you were stopped without any reasonable suspicion that you were committing a crime, you may have a chance to beat the charge.

Arguing You Were Not Under The Influence

In some cases, you may appear as if you're intoxicated to a police officer, but that may not be the case. For example, if you are taking certain medications, you can exhibit similar behaviors as someone who may have been drinking. Other circumstances like a handicap or injury, speech impediment, or even if you've recently used mouthwash can give an officer the appearance that you have been drinking. If no official breathalyzer or blood test was administered, there may not be enough solid proof that you were actually drunk.

Challenging Test Results

While blood and breathalyzer tests are accurate for the most part, they can have their own set of faults and potential failures. The machine used to test your breath has to be calibrated regularly. If it can be proven that the particular breathalyzer the officer used for your test was not properly maintained, the evidence could potentially be thrown out. Even still, this equipment can be prone to failure or show extreme fluctuations, which could also affect the readings for your case. When it comes to blood tests, they are generally more accurate. However, if it can be proven that the officer did not have a current license to draw blood or that the laboratory that tested your blood did not properly store it, you could be in the clear. While none of these challenges are foolproof to beat a DUI, they have been used in other cases successfully. Talk to your attorney and be honest with them about all aspects of your case, and you may have a chance to be declared innocent. 

Talk to a law firm like Boehmer Law to learn more.

About Me

Making The Choice To Seek Legal Advice

Many people who are experiencing a legal issue are hesitant to contact an attorney because they aren't sure if they really need legal advice from a professional. My name is Sylvia Leonard and a few years ago, I felt the same way. I considered seeking legal help but I thought maybe I could handle the situation on my own without hiring an attorney. To help me with my decision, I did a lot of research about the benefits of legal advice and I finally decided that I should consult an attorney. That was the smartest move I ever made and I'm very glad that I didn't let my uncertainties get in the way. I'm writing this blog to give information to others who are also unsure whether they need to hire an attorney. I hope that after reading my blog, it will also help you to make the right decision.


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