Legal Options for Fighting a DUI Charge

While many DUI arrest cases go unchallenged and result in a conviction, many thousands of other suspects retain an attorney, use legal DUI defenses, and have their charges reduced or dropped. Anyone who has been arrested on DUI charges needs to consider whether they have a valid defense that would allow them a second chance before having that first DUI conviction on their record.

Valid DUI Defenses

There are a number of defenses that have proved effective in DUI cases. Many of the most common defenses include:

• Illegal arrest, including no probable cause for the traffic stop in the first place

• Insufficient evidence for suspecting that someone was driving recklessly or under the influence of drugs or alcohol

• Procedural errors, such as denying the suspect the right to counsel or the right to obtain an independent chemical test

• Faulty blood alcohol content (BAC) testing

• Faulty field sobriety testing

These elements of a DUI arrest, however, can be difficult to dispute without powerful evidence. It is important to be well armed with such evidence before attempting to fight a DUI charge in court. Nevertheless, it is possible to obtain such evidence. The suspect can find it from several sources:

• The police arrest report

• The results of police tests for comparison with independent test results

• Police station reports concerning the maintenance and calibration schedules for the breathalyzer testing machine

• Police standards for field sobriety tests, since only a few are generally accepted as accurate tests for impairment

Inaccurate Tests

Even if a traffic stop proves to be justified and all procedures legal, there are reasons why a field sobriety test, breathalyzer test, and even a blood test result can be incorrect. Something as small as a breath mint before the test can skew the results. Taking a new prescription can cause someone to appear intoxicated, and they may have gotten behind the wheel without knowing the effects the medication would have. It may require expert legal help to prove any of these errors, but it can be worth it. Some reports estimate that even a first offense DUI conviction can end up costing a driver thousands of dollars in fines, counseling, court costs, fees, insurance rate hikes, and more.

Getting Legal Help with Fighting a DUI Charge

Some of the evidence a defendant needs to fight a DUI charge can be difficult to obtain without an experienced DUI lawyer. Such evidence can be even harder to decipher and explain to a court without such expertise. Statistics show, however, that when DUI defendants have such an attorney representing them, they are far more likely to have their charge reduced to something such as reckless driving or dropped entirely.