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3 ways you could contest a drunk driving charge

On Behalf of | Apr 14, 2023 | CRIMINAL LAW - Drunk Driving

If the police arrest you for drunk driving, you must remember that a charge does not guarantee a conviction. Many people successfully contest their charges every year. Sadly, many never even try.

Here are three defense options that have worked for others in the past:

1. Questioning why the police stopped you

You don’t want to argue with the police during your stop, but you can argue about the legality of the stop in court.

The police are not allowed to stop people whenever they feel like it. That would be a violation of people’s civil rights. So, whenever the police want to stop someone, they need a valid reason. Casting doubt on the validity of their reason could persuade a judge to dismiss the charge. Typically the police need to believe you had committed or were committing a crime.

2. Asking to see proof that the police have calibrated their Breathalyzer

For a Breathalyzer to maintain accuracy, it needs regular calibration according to the manufacturer’s schedule. If the police can’t show they complied, you might be able to persuade a court to discount the Breathalyzer evidence, especially if you were only a little over the limit.

3. Saying it wasn’t you

You could use this if the police charge you with drunk driving based on what they say they saw rather than on a test. Let’s say the police claim to have seen you weaving across the road two miles back. If they did not immediately jump on your tail, you might claim that you swapped drivers between them seeing you and them stopping you. Or that they saw a vehicle similar to yours but not yours.

There are several other DUI defenses. You’ll want help to examine them all if you face charges.