Fighting a DUI
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If you are one of the thousands of drivers who are charged with driving under the influence (DUI) in the United States each year, you may think there’s no way to avoid a conviction. After all, you were arrested for drunk driving, so that means you’re guilty, right? Wrong. Lawrence Kohn, An Atlanta DUI attorney says "A large number of drivers are able to challenge their arrest in court and get their charges reduced or even dismissed entirely." So what’s their trick? They simply had the right legal strategy and the right attorney—the two most important keys to fighting a DUI.
Contrary to popular belief, there are many ways to challenge a DUI charge. If the officer who arrested you did not have a valid reason to pull you over in the first place, for example, your arrest may have been unwarranted. Under Constitutional law, an officer must have “probable cause” to stop you—such as speeding, running a red light, or other traffic offense. If you were simply out late or in a bad neighborhood, your case will most likely be dismissed by the court.
Even if the officer did meet the probable cause requirement, you may still be able to challenge your arrest, as the officer must establish yet another probable cause requirement—this time, proving that he or she had a reason to suspect you were impaired. In other words, a driver must show signs of intoxication before an arrest can be made. In fact, the officer must have a reason to suspect you of DUI (such as smelling alcohol on your breath or spotting an open container in your vehicle) before he or she can even administer a breathalyzer or other chemical test.
Chemical tests (breath, blood, and urine tests) are designed to calculate the amount of alcohol in a person’s bloodstream—a percentage known as blood alcohol content, or BAC. According to federal law, a driver becomes impaired once his or her BAC reaches 0.08%. As a result, it is illegal to drive with a BAC of 0.08% or higher, regardless of your ability to drive.
If both of the probable cause requirements outlined above are met, the next way to challenge your arrest is by questioning your chemical test results. Although they use a scientific formula to determine BAC, chemical tests are often flawed. For instance, if the officer was not properly trained to administer the test or the testing device was not adequately maintained, your results may be inaccurate. Your results can also be affected by certain medical disorders—such as diabetes and acid reflux disease, to name a few.
As you can see, being arrested for drunk driving does not mean that you will automatically be convicted of the offense. There are numerous ways to fight your arrest—and with the right legal representation, you may be able to get your charges reduced or dismissed in court.
To determine the best defense strategy for your case, complete our online form today to schedule a free, no-obligation consultation with a skilled DUI defense attorney in your area.