If you have been charged with drunk driving, you face possible jail time, fines, and a criminal record. But you can beat the case! Keep reading to learn how you can increase the chances of getting the case thrown out.
Challenge Legality Of DUI Stop
Police often set up DUI checkpoints on busy local roads where they stop random vehicles. Checkpoints are usually initiated on weekends and holidays when drunk drivers are more common.
If you’re stopped at a DUI checkpoint, you should be polite and provide your driver’s license, registration, and insurance card. However, you’re not legally required to answer questions, tell them what you were doing or where you’re going, or say how much you had to drink.
Many people don’t realize that it’s possible to win a DUI checkpoint case. It depends on the circumstances and details of the stop, but police have to follow strict rules on how they conduct these checkpoints.
The best option is to contact an experienced criminal defense attorney and provide all the stop details. Then, the attorney can research the situation and determine if the checkpoint stop was done legally.
Challenge Field Sobriety Test
If you’re pulled over and suspected of drunk driving, the police officer will likely ask you to take a field sobriety test. For example, the one-leg stand test is a common request. This requires you to stand still and balance on one leg for about 30 seconds.
The one-leg stand test can be challenged by your defense attorney in several ways. Perhaps the ground you were standing on wasn’t level, or you were wearing heels and couldn’t balance. In addition, some drivers may have a medical condition that makes it challenging to balance on one leg.
Another is the horizontal gaze nystagmus test. The officer shines a penlight in your eyes and will check if there are involuntary eye movements.
You have the right to refuse to take a field sobriety test, but that may result in a license suspension. The good news is there are several ways your criminal defense attorney can challenge the refusal charge, too.
Challenge Breath Test
When stopped for a suspected DUI, you may be asked to take a breath test that measures the amount of alcohol in your body.
There are precise steps the police must follow when conducting this test, and the breathalyzer must be appropriately maintained and calibrated. If it isn’t, or the police aren’t skilled in its use, the results can be challenged in court.
Your attorney also may challenge the blood results test if you’re given one at the police station. For instance, the blood sample might be contaminated, or the technician may not have refrigerated the specimen correctly.
Challenge DUI Test Refusal
If you refuse to take a breath or field sobriety test after you’re stopped, you’ll face the same penalties that you’d have if you failed the tests.
However, you cannot be convicted for refusing a breathalyzer test if you have a legitimate medical excuse. There are many potential valid medical excuses, and your attorney will review your medical situation to decide if this is an avenue to explore.
For example, you may have a breathing condition that makes it difficult to exhale with sufficient force for a breath test. Another is a health problem that makes it hazardous for you to blow into the machine in the required way.
Challenge DUI Charge For A Woman
Many people don’t realize that the breathalyzer device is usually calibrated for an ‘average male,’ which may produce unreliable results when a woman takes the test.
Studies show men’s and women’s bodies metabolize alcohol differently, which can cause problems in these tests.
DUI charges can be challenged and overcome in many ways. The first step is to speak to a skilled criminal defense attorney to review your case to determine the best path forward.