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Potential reasons to challenge a DUI

On Behalf of | Feb 9, 2023 | Criminal Law |

You can be arrested on suspicion of impaired driving in a few different ways. One is if you fail a breath test, for example, while another is if you fail a field sobriety test. When the police believe that you are impaired and it hindered your ability to drive safely, they can arrest you and your license will be suspended.

Fortunately, you can challenge a DUI if you believe the charge was given out unfairly or even illegally. Here are a few potential options to consider.

There were issues with the breath test

People often assume that breath tests are accurate, but they may not be. It could depend on what you ate, if you burped while taking the test or even if the test was the correct make and model. Not all breath tests are permissible in court.

The officer made a mistake

Police officers can also make mistakes that would invalidate DUI evidence. A good example of this could be if the officer had not calibrated the breath test frequently enough. Even if you then failed the test, it’s unclear if it gave an accurate portrayal of your level of impairment.

It was an illegal stop

Finally, some people challenge a DUI on the grounds that they never should’ve been pulled over in the first place. Typically, law enforcement need reasonable suspicion to pull you over and probable cause to make an arrest. 

What now?

If you are facing DUI charges, you can see how important it is to understand what legal options you have. Be sure you know what steps to take as your case moves forward.