How can I dispute an invalid DUI charge?

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Question:

How can I dispute an invalid DUI charge?

Answer:

The majority of those arrested on DUI charges do not fight them, which often leads arresting officers and prosecutors to be unprepared for such a fight resulting in many instances of dropping a DUI charge. If there is any doubt about the validity of a DUI arrest, you should consult an experienced DUI attorney and attempt to mount an effective defense.

Such a defense should consider several elements:

  • Obtaining the police report to determine if it contains an errors of fact or errors in citing the specific violation
  • Presenting evidence challenging the arresting officer’s observations, which may include eyewitness testimony or extenuating circumstances
  • Pointing out the unreliability of DUI test results for several reasons, including equipment that is not properly calibrated, maintained, or operated or conditions that may skew the results of the test
  • Procedural errors that may make some or all of the evidence inadmissible, such as no reasonable suspicion of a crime disallowing the traffic stop, no probable cause for the arrest, or improper questioning of the suspect without their Miranda warnings being read.

These are some of the most common defenses that may allow you to have your DUI charge reduced or dismissed. However, these challenges to the charge require evidence on your part. If you are unable to obtain that evidence yourself, or feel inadequate to present it effectively in court, you may find it essential to retain a knowledgeable DUI attorney.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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