Experienced Legal Support In Immigration Law & Criminal Law

Photo of Davis M. Tyler

How can you fight a DUI?

On Behalf of | Nov 8, 2024 | DWIs

Some crimes are carried out with intent. For instance, someone who robs a store has typically done it with full knowledge that taking without paying is stealing. Driving under the influence (DUI) is typically very different. Often the people accused of it had no intention of breaking the law. They may have tried to judge how much they drank to stay on the right side of the law.

Nevertheless, DUI is a criminal offense and a conviction will get you a criminal record. And that is best avoided, especially if you recently moved to the country and do not have U.S. citizenship. If you find yourself facing a DUI charge, it’s crucial to remember you may have options to fight it. Here are some:

Challenge how the police acted

If the police were violent or racist toward you, you should certainly pass that information to an attorney. However, even police officers who are polite and pleasant toward you could have done something wrong. For instance, maybe they did not have a valid reason to pull you over in the first place. Maybe they say they pulled you over because your taillight was out, but it was actually working fine.

Challenge the results of the test

What test did the police use to show you were over the limit? If it was a breath test, asking to see the records showing when the police force last calibrated the machine is an option. If the calibration was overdue when they tested you, you could claim the machine was reading incorrectly. There are sometimes ways to challenge blood and urine test results, too. 

What defense options might work for you will depend on the exact circumstances of your arrest. Seeking legal guidance can help you explore them.