An officer pulled you over, questioned you, administered tests and charged you with a DUI. Either you made a huge mistake or you believe the charge is a mistake. While difficult, it is possible to contest a DUI with the right attorney by your side.
There are three main things your attorney can look at to see if there was an error made along the way in order to fight the charges against you to try to get your DUI dismissed.
1. The traffic stop
An officer must have a valid reason to pull you over. Whether the officer witnessed erratic driving or noticed a busted tail light, he must suspect at least a minor traffic violation in order to pull you over. Officers cannot use anything obtained during an unlawful stop against you, including sobriety tests or even your own words.
2. The sobriety tests
Officers use field sobriety tests to determine inebriation. The gaze test tracks your eye movement. An officer can request that you walk a short distance and turn around. He may also instruct you to stand on one leg. While generally seen as accurate, these tests are subject to human error. Your attorney can challenge the results of these field sobriety tests by questioning the test procedures. Were you asked to walk or stand in poor light or on uneven pavement? Did the officer properly explain what you should do?
3. The chemical tests
Breath. Blood. Urine. There are three main chemical tests used to verify your blood alcohol level. While the results of medical tests seem infallible, the manner of the testing can questioned. Was the machine used to test your breath working properly? Was the test administered properly? Was the person who drew your blood properly trained? Were the samples stored and tested properly?
A DUI is a serious offense that comes with serious consequences that can adversely affect your life and livelihood. Do not hesitate to seek ways to have your DUI dismissed if you believe the charge was unlawful.