3 Ways To Fight A DUI Charge In Court
Are you facing DUI charges? If so, you're likely concerned about how a conviction may impact you financially, legally, and in every other aspect of your life. A DUI conviction can result in large fines, onerous driving restrictions, and even time in jail. It could also cause career issues if you're required to drive for your job. However, just because you are charged doesn't mean you will be convicted. There are ways to fight a DUI charge in court. While the prosecution may seem to have an airtight case, that may not be true once a DUI defense attorney digs deeper. Below are three common ways to fight a DUI charge:
No probable cause
Generally, police have to have a specific reason to pull you over. It can be because you're speeding, swerving in the road, or because you have expired plates. There are a wide range of legitimate reasons why you can be stopped, but there has to be a specific and honest reason. If it's revealed that the officer was dishonest about his or her reason for stopping you, that could disqualify everything that happened after the stop, including the DUI testing.
For example, assume the officer said that you ran a red light. Your attorney may be able obtain video footage from the officer's in-car camera or from surrounding businesses. If the footage shows that you did not run a red light, you may have a strong case to challenge.
Faulty or inaccurate equipment
Many police officers will use something known as a breathalyzer to determine blood alcohol level. You blow into a machine and the machine provides a reading of your blood alcohol level. This may seem like hard scientific evidence that can't be challenged. However, these machines aren't always accurate.
For instance, many departments have older models of these machines. If the model has been in use for many years, they may be cases where it has already been proven faulty in court. If so, your attorney can use those cases to show why the model is inaccurate in your case.
Also, medical conditions can sometimes affect the reading. If you have chronic heartburn or acid reflux, the blood alcohol level in your breath could actually be higher than it is in the rest of your body. Alcohol is rising from your stomach up to your mouth, making the reading inaccurate. A doctor's testimony may help in this instance.
Errors in field sobriety tests
Finally, you also may be able to challenge any field sobriety tests that were conducted. These tests have been challenged many times in court and they aren't always considered to be accurate. The officer could have been intimidating in an unnecessary way, affecting your performance. Or he or she may have simply misinterpreted the results. It's possible you're simply uncoordinated and may be unable to walk in a straight line or stand on one leg even when you're sober. Again, video footage, if available, could help your case.
For more information, contact a DUI defense attorney like one from Boehmer Law. They can examine the available evidence and help you build your defense.