If you are facing a DUI charge, then it may seem like you do not have a way out because of how seriously the courts take such cases. The odds may be stacked against you and they may seem impossible to overcome, but there are ways that you can beat a DUI charge so that it does not end up ruining your life. You will need an experienced DUI lawyer because a DUI charge can be nearly impossible to defeat by yourself.
That is because you will have the testimony of a law enforcement officer and the poor opinion of intoxicated drivers going against you. A robust DUI defense is needed to stand up against that kind of opposition and only a good DUI lawyer can provide the defense you need. So make sure that the first step you take after being charged with a DUI is to contact a lawyer to defend you.
Challenging the Legality of the Traffic Stop
An officer must have probable cause to pull over a vehicle because they cannot just stop any vehicle they want. They must have reasonable suspicion of a DUI in order to do so. That could mean the driver drifting in and out of their lane or driving erratically. Your attorney could argue that the officer did not have reason to stop you if you did not exhibit any of the explicit signs of impaired driving, which means that the entire case could get dismissed.
The Field Sobriety Tests Were Improperly Conducted
After pulling over a driver that they suspect to be drunk, the officer will sometimes request that they take a series of tests to determine their level of coordination. These tests must follow a strict protocol and if they are not, then the results of the tests could be thrown out. Also, the tests are not ironclad proof of intoxication as there could be extenuating circumstances that cause someone to fail those tests; for example, the surface on which the tests are conducted could be slippery, the light may have been insufficient, or the driver may have been intimidated by the officer. A good DUI attorney can challenge the results of field sobriety tests conducted by the officer and put their results into doubt.
Challenging the Results of the Breathalyzer Test
Even though the results of a breathalyzer test are often viewed as incontrovertible, that is hardly the case. There are many ways that an attorney can challenge the efficacy of a breathalyzer test. Your attorney could question the effectiveness of the breathalyzer and whether its readings are accurate or not. They could also make the case that there are various medical conditions that could lead to a positive result even when the person is not intoxicated. Since alcohol takes from 45 minutes to 3 hours to be absorbed into the bloodstream, then it is entirely possible that the driver was not impaired while they were driving and that their BAC (Blood Alcohol Content) level only began to rise while they were stopped by the officer.
There Are Problems With The Blood Test
In some cases the suspected driver might be asked to take a blood test to determine their level of intoxication. A blood test is the most accurate method of finding out a person’s BAC but it is not foolproof. Blood samples could degrade if they are not stored and preserved properly. The analysis of the blood sample must also be done by following strict regulations and guidelines. If the blood sample was not stored properly and in a timely fashion, or if the test was improperly conducted, then your attorney could argue that the results are tainted and should not be used.
The Best Defense is to Hire a Great DUI Attorney
A good defense attorney can create reasonable doubt about the validity of the evidence gathered against you. They can argue that you should never have been stopped in the first place or offer reasonable explanations as to why you failed any of the sobriety tests or why your test results were positive. All of those techniques can provide you with a strong defense against your DUI charge. But you need to hire an attorney first, so make sure to do that as soon as possible after you have been charged with a DUI.
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