When charged with driving under the influence (DUI), many drivers automatically decide to plead guilty. They believe that trying to fight the charge would be a waste of time and money.
That’s not usually the best option. Many defendants will come out ahead if they choose to challenge the prosecution’s case. Here are some of the ways you might be able to challenge a DUI charge.
1. Look at the traffic stop
Not all traffic stops are legal. The officers who stop you must have reasonable suspicion that you broke the law to pull you over. In other words, a stop predicated on a broken turn signal may be valid – but a traffic stop because you are driving a beat-up vehicle in a largely affluent neighborhood would probably not be.
2. Look at the testing
If you failed a chemical blood alcohol content (BAC) test, don’t just assume the readings are accurate. A miscalibrated machine, or errors in the implementation of the test, could trigger false high readings. Some external factors can also cause false positives, such as particular medicines you might have been taking. If roadside tests like the walk and turn were used, consider whether the instructions were correct and clear or, alternatively, whether an old injury or a medical condition could have caused you to fail.
3. Look at the chain of custody
Laboratories and police stations sometimes mislabel or otherwise mix up samples. Without a clear chain of custody (a verifiable timeline of the history of a piece of evidence, including who handled it, where it was stored, etc.), the evidence may be excluded.
Fighting a DUI charge may not be easy, but neither are the consequences of a guilty plea. Experienced legal guidance can help you decide on the best path forward.
