You've been pulled over and the officer determines that you are driving under the influence. This is a serious charge that can come with penalties as harsh as huge fines, loss of your license, and even jail time in some states. When you are accused of a DUI, you are facing a criminal charge, and criminal charges do get their time before a judge in court. While many cases will have no way of contesting where a DUI is concerned, there are some instances when you may be able to contest the charge and get away from the harsh penalties.
You were pulled over without a good cause.
Did you know that an officer has to have a good reason to pull you over even if they suspect you are driving under the influence? If you were breaking no laws of the road, did not have faulty equipment, or otherwise doing something to cause the officer to pull you over, your DUI charge may not hold up in court. For example, if the officer pulled you over because you were leaving a bar and not for any other reason, this is not sufficient evidence for them to pull you over.
Your breathalyzer test results are unreliable.
A lot of people believe that a breathalyzer is the most reliable way to prove someone is under the influence of alcohol, but this is actually not the case. Many times, these tests provide faulty readings and it is not uncommon at all for this to be the reason for a DUI to get thrown out of court. A few reasons a breathalyzer test can be unreliable include:
Additionally, if the breathalyzer test is not given properly by the officer, it can cause false or unreliable readings.
You were given unreliable field sobriety tests alone.
If the only thing that is used as evidence against you for your DUI case is the results of a field sobriety test given by the officer, you may be able to contest the charge in court. These tests are unreliable because there are so many variables that can affect common human reactions in these "test" situations. Contact a lawyer, such as from Boehmer Law, for more help.
Share21 October 2017
My son and a group of his friends got in some trouble for trespassing and were arrested. Every one of the boys that were there were charged with trespassing, criminal mischief and vandalism. I contacted all of the other boys' parents and we got together to discuss the situation. After hearing the boys' stories about what happened that day, we knew that we had to hire an attorney to get the boys out of some of the trouble they were in. I have been working on my blog to help other parents that are struggling with the legal system prosecuting their kids for things that they may not have done.
