You might think that if the police stop you and charge you with driving under the influence (DUI), that is that. You would be wrong. As with all legal matters, there may be a way to challenge the charge against you.
You can challenge the circumstances of the DUI stop
Police officers cannot decide to set up a DUI checkpoint on a whim. Their superiors need to have authorized the checkpoint as part of a broader campaign, such as what happens on St. Patrick’s Day. For a DUI charge to hold up in court, the police need to have followed the for the checkpoint and the arrest.
You can challenge a field sobriety test failure
If you failed a field sobriety test, there might be reasons other than alcohol. For example, the pressure of the situation got to you. You did not understand the instructions the police gave. Or you have a disability which means walking in a straight line is never going to be straightforward.
You can challenge the accuracy of a Breathalyzer test
If you failed a Breathalyzer test, it might be because the machine was inaccurate. These devices need regular maintenance and calibration. If not carried out, they may be unreliable.
You can provide reasons why you read over the limit
Did your prescription medicine affect the Breathalyzer reading? Did someone spike your orange juice with vodka?
If you are unsure whether to challenge a DUI charge, consider the consequences of not doing so. A DUI can lead to fines and license points, which raise your insurance premium. The court could instruct you to attend alcohol education classes, suspend your license or even send you to jail. It is always worth investigating your defense options.