3 Ways To Question A DUI Charge Against You

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When You Are Accused of Driving Drunk

Drunk driving is a very serious problem in our society, but occasionally law enforcement goes overboard as it seeks to round up people who have broken the law by driving while intoxicated. If you believe you have been falsely accused of drunk driving, you can do a lot to protect your freedom. My name is Michelle, and I work as a defense attorney. Here in my blog I am going to give you the reasons why you may be falsely accused of drunk driving and teach you exactly what to do if you find yourself in this very difficult situation.


3 Ways To Question A DUI Charge Against You

27 February 2017
 Categories: , Blog

Some people assume that after a person is arrested for DUI, he or she will likely be convicted. However, the reality is that in some cases, the charges are dropped or reduced. You have the right to fight against a charge. If you are facing a conviction for DUI, here are some possible strategies you could use to convince the court you are innocent or that the charge needs to be reduced.  

Question the Breath Test

You might feel it is hard to beat the results of a breath test, but there are a couple of good reasons that it is possible. For instance, not all breath tests are the same. There are different types of breathalyzer devices that are used by law enforcement officials and they have varying degrees of accuracy. Depending on the device used, you could potentially call into question the accuracy rating of it.  

You could also beat the results of a test based on what factors can influence the results. For instance, having gastroesophageal reflux disease, or GERD, can impact the results. Even foods that you eat could lead to an inaccurate result.  

Question the Initial Stop

Law enforcement officials do not have the legal right to just randomly stop cars and administer breath tests to drivers. There has to be probable cause for an officer to stop your car. If you are stopped without cause, the charges against you could potentially be dropped.  

For instance, if the officer observed you swerving in traffic, he or she would have cause to stop you. However, if you had not committed any traffic violations or exhibited any erratic driving behavior, there would not be sufficient cause to stop your car.  

Question the Existence of Video

Depending on where you live, it is a possibility that your entire interactions with the police have been recorded. The recording is considered part of the evidence against you. However, it could potentially exonerate you.  

If there is a recording, your DUI attorney can request a copy. If the recording is favorable to you, your attorney can ask that the charges be dropped. In some instances, the case is settled through the prosecutor's office without the need to go to court.  

There are other possible strategies that could be used to help your case. Due to the serious consequences that can result from a conviction, it is imperative that you consult with an attorney as soon as you can. To find out more, speak with someone like Pollack & Ball LLC.