After an arrest for driving under the influence, you need to explore every potential legal remedy. If there are any problems with the evidence against you, it may be possible to file a motion for dismissal or summary judgment before a case goes to trial.
Review these examples of common defenses that could help you avoid a DUI conviction.
The stop was improper
Law enforcement officers must have probable cause to pull a driver over. In DUI cases, common examples include speeding, failing to stop at a traffic signal, or erratic driving.
If an arresting officer has failed to articulate the basis for a stop and did not issue you a citation for a traffic violation, you may be able to show that there was no reasonable basis to pull you over. In the absence of probable cause, any evidence that officers obtain during a traffic stop is likely to be inadmissible in court.
Test results may be invalid
You can challenge the outcome of a Blood Alcohol Level test. The equipment that police use to measure BAL requires maintenance and calibration in order to ensure the accuracy of the results. In addition, officers need training and experience to use the equipment correctly.
Various health conditions could also call results into question. Certain medications can register false positives. Respiratory conditions such as asthma may also affect BAL analyses.
Ultimately, not all DUI charges lead to a criminal conviction. Preparing a strong legal defense with supporting precedent could enable you to defeat the charges.