Although a DUI charge is serious, there’s something you should remember: A conviction is not automatic.
You have the opportunity to fight back in court, so don’t hold back and hope for the best.
A DUI conviction can carry a variety of penalties, including but not limited to:
- Community service
- Alcohol education classes
- Installation of an ignition interlock device
- License suspension
- Prison time
- Improper stop. An officer must have probable cause to make the initial traffic stop. If you can prove that he or she did not have cause, it can help you win your DUI case.
- Inaccurate administration of a field sobriety test. It’s possible to prove that a field sobriety test provided inaccurate results, thus showing you were legally drunk when this was not the case. For instance, the horizontal gaze nystagmus test is not always accurate, making it one that is easily challenged.
- Inaccurate Breathalyzer test. There are many reasons why a Breathalyzer test may be inaccurate, such as if the equipment was not properly maintained.
- Improper administration of a blood test. Administering a blood test is easier said than done. There are many steps that must be taken for proper administration to occur, and a simple mistake can result in a false reading.
- Rising blood alcohol level. It’s not out of the question that your blood alcohol concentration level was below the legal limit at the time of initial contact with an officer, but eventually increased by the time a Breathalyzer test was administered.
Which DUI defense strategy is best?
There is no right or wrong answer to this question, as no two people are in an identical situation.
For example, it may make the most sense for you to argue the inaccurate administration of a field sobriety test. Conversely, another person could put himself or herself in better position by fighting the results of a Breathalyzer test.
The good thing is that there is more than one type of DUI defense strategy that has worked for people in your position in the past. As you compare the details of each one, while also focusing on your legal rights, you can decide how to proceed as your case moves forward.