Regardless of how you received your drunk driving charges, you have the right to fight for their dismissal. Instead of wishing that you could undo the poor choice to drink and drive, you can now focus on defeating the charges and moving on to make better choices in the future. Hopefully, you have the clarity of mind to make the most of the opportunity and use every tool at your disposal to build a strong defense.
Many people falsely assume that there is nothing they can do if the officer determines they were over the legal blood alcohol content (BAC) limit to drive. While driving over the legal limit is rarely legally advisable, those who make this choice and face criminal charges for doing so may still have options available.
In almost all cases where an officer determines that your BAC is over the limit, it is easiest and most effective to enlist the assistance of a professional defense attorney. With professional help, you can ensure that your rights remain secure while using the full strength of the law.
The responsibilities of an arresting officer
If you receive a DUI, then the officer must conduct him- or herself appropriately throughout the process to ensure that your civil rights remain safe. If the arresting officer does not properly follow procedures to protect your civil rights in the process of the stop or the arrest, then he or she may violate your civil rights.
If you determine that the officer’s actions violated your civil rights, even if you were over the legal limit, then dismissal of the charges is possible. In some cases, you can prove that the reason for the traffic stop is invalid, and secure a dismissal this way.
Challenging the means of determining sobriety
With proper motivation and resources, you can usually find a way to challenge some aspect of the stop or the arrest. For instance, you may find grounds to challenge the way that the officer conducted several types of sobriety tests. For instance, if the officer had you stand on one leg or walk a straight line and turn, then you may question the conditions of the test, the role the footwear you were wearing could play in the results, or the nature of the officer’s explanation of the test itself.
Chemical tests are also not foolproof. You may have grounds to question whether the equipment used to administer the test was properly calibrated or regularly maintained. You may also have grounds to question the methods of the individual who drew blood for a blood test, or suggest the possibility of contamination.
Don’t wait to begin building your defense
If you need to build a DUI defense, don’t wait any longer to get started. The prosecutor handling your case is already building the case against you. Be sure that you are ready to defend your future and your rights using every tool you have.