Is It Possible to Challenge a DUI Charge?

You’ve been pulled over. The investigating officer has evidence that you’ve been drinking and driving. They charge you with driving under the influence (DUI), and you begin to panic.

On the surface, it may seem like there’s no way out. You’re facing a very serious charge, which could lead to jail time, a license suspension, or similarly debilitating consequences. Obviously, the best solution is to preemptively avoid drinking and driving so you never have to find yourself in this situation.

But if you’re already here, what can you do? Is it possible to challenge a DUI charge and escape without any major detriments?

The short answer is yes, it’s possible to challenge a DUI charge. In fact, there are many possible ways that you can challenge a DUI charge.

So, how do you do it?

Work With a DUI Attorney

First, you should track down and hire a competent DUI attorney. A DUI lawyer in your area should fully understand the laws that apply to you, as well as the circumstances of your arrest. They’re going to be with you at every step of this process, from representing you in initial interrogations to representing you in court, assuming this case goes to trial.

At first, your attorney will help you understand the charges against you and make sure that you conduct yourself in a way that minimizes potential future consequences. They will also make sure your rights are adequately acknowledged and respected throughout the investigation. Later on, an attorney can help you negotiate for a better plea bargain or argue your case in court.

Together with your attorney, you can come up with a variety of strategies meant to challenge and undermine the evidence against you.

Push Back Against the Stop

First, you can try pushing back against the nature of the stop. You may have been cited with a DUI after being pulled over for a routine traffic stop, after checking in at a DUI checkpoint, or under other circumstances. Usually, there are strict rules regarding how and when officers can pull you over, so if you can find any wrinkles in this procedure, you might be able to get the charges against you dropped. For example, if you can show that officers did not have probable cause to pull you over, the DUI charge may not stand at all.

Challenge the Evidence

Consider challenging the evidence against you. Depending on the circumstances, you might be able to show that the arresting officer did not test you properly, that the equipment they used is unreliable, or that you have mitigating or exculpatory evidence that negates the charges against you. Your lawyer can help you figure out the best strategy, given your circumstances.

Prove That the Police Violated Your Rights

If your rights were violated at any point during the initial arrest or later interrogation, you might be able to have the charges against you dropped or significantly reduced. For example, if nobody read you your Miranda rights or if you were unnecessarily physically assaulted, you might be able to fight against the charges and walk away unscathed.

Use a Plea Bargain to Get Reduced Charges

In some situations, it may be difficult or even impossible to get a DUI charge against you dropped. This is especially true if there is a robust body of evidence against you. If this is the case, your best option may be to negotiate a plea bargain to get the charges against you reduced or enjoy a lighter sentence.

The Best Course of Action

It’s best to avoid getting a DUI charge entirely, if possible.

• Avoid drinking and driving in any capacity. Simply put, you shouldn’t drink and drive. If you’re ever intoxicated with a need to get home, consider calling a friend or using a ride-sharing service instead.
• Obey the law when driving. Always obey the law when driving, regardless of whether you’ve recently had alcoholic beverages.
• Exercise extra caution when driving. Similarly, exercise extra caution when driving, especially during peak times when cops are looking for offenders. Don’t draw any unnecessary attention to yourself on the road.
• Never incriminate yourself. If you’re ever pulled over or questioned, never incriminate yourself voluntarily. You have a right to remain silent, and you should exercise it.
• Understand the testing laws in your area. In your state, there may be penalties for refusing a breathalyzer test, even if you’re free to do so. Make sure you understand all the testing laws in your area.

Nobody wants to be convicted of DUI. But once you’re already facing charges, you need a solid legal strategy to mitigate the potential harm against you. Together with your lawyer, you can come up with a strategy with the greatest chances of exculpating you.