If the police charge you with driving under the influence (DUI), then it is crucial that you understand your defense options. A conviction could result in severe immediate and long-term consequences that a successful defense could help you avoid altogether.
Potential ways to challenge a DUI charge include the following. However, it’s important to keep in mind that every case is unique and this list is not comprehensive.
Challenging the accuracy of the test results
Whatever test the police used to decide you were over the limit, consider that it might be wrong. If they used field sobriety tests, asking you to perform certain tasks, then know that the result can only ever be subjective, not concrete. It’s all down to how the police interpreted your performance. Even if you accept you performed poorly, there may be factors that caused this – for example, a disability or medical condition, medication you had recently taken or a lack of clarity with the instructions you’ve received.
If you failed a breathalyzer, it could be down to improper implementation or the machine misreading due to a lack of calibration. If it was a blood test, they might have mixed up your results with someone else’s.
Challenging the legality of the police officer’s actions
You only need one example of the police failing to comply with required procedure to have a potential reason to challenge your arrest. Maybe they did not have a valid reason to stop you. Perhaps they did not have sufficient grounds to arrest you. If they arrested you at a DUI checkpoint, maybe they did not put out the required warning signs to give you a chance to avoid it, or perhaps they did not select you at random as the law requires.
By seeking legal guidance, you can explore all possible defense options and decide on the best course of action.