Beat a DUI: Police Failure to Prove Drunkenness

In order for someone to be convicted of drunk driving, the police must show evidence of driving under the influence of drugs or alcohol; therefore, to beat a DUI, a suspect must be able to debunk that evidence. There are several ways to do that, but in order to convince a judge that the arresting officer’s evidence is either false or inadmissible, the facts must be clear and strong. It may take the experience of a DUI attorney to help prove such a defense.

Proving DUI

In order to prove a case of DUI against a driver, an arresting officer must have at least one of the following types of evidence:

• Visual evidence of impaired driving which gave the officer probable cause to stop the driver in the first place. This alone can convict a suspect on DUI charges

• A chemical test showing a blood alcohol content (BAC) level of .08% or higher

• Refusing a chemical test for alcohol in some states can result in the same penalties as failing such a test

Disputing DUI Evidence

Suspects have the right to review the evidence against them and mount a defense. In some cases, there are other explanations for erratic behavior and failing a drug or alcohol test. If a defendant can show those reasons in court, they may either have their charges dismissed or reduced. Some of the most common ways of disputing DUI evidence include:

• Proving that the erratic behavior was caused by something other than drugs or alcohol. This could be the result of new medications that caused a bad reaction, illness, allergies or contacts caused bloodshot eyes, poor road or traffic conditions, a traumatic condition in the car, and more

• Proving breathalyzer and chemical test results were incorrect. This could be the result of poor maintenance or calibration of the equipment, incorrect operation of the apparatus, or improper administration of the tests

• There are very few options for someone who has refused a chemical test; however, they can attempt to appeal the license suspension that results. If there are any extenuating circumstances, they can present them at the appeal, as well

Getting Legal Help with Disputing DUI Evidence

Police reports are a good place to start a DUI defense; however, they are not always easy to obtain or easy to dispute. Station reports about equipment maintenance and calibration, as well as compliance with operation according equipment manuals are also key bits of evidence that, often, only a skilled DUI attorney can provide. Such legal expertise is often essential to finding any such evidence that exists and helping defend someone against these charges.