We Know What Matters

Photo of attorneys Barbara H. Agricola, Mallory K. Harper and Algert S. Agricola, Jr.

We Know What Matters

Photo of attorneys Barbara H. Agricola, Mallory K. Harper and Algert S. Agricola, Jr.
Agricola attorneys

2 ways to fight a DUI

On Behalf of | Nov 18, 2022 | Criminal Defense

Many otherwise law-abiding citizens pick up a criminal record after being charged with driving under the influence (DUI). In some cases, they have broken the law, but in others, they are wrongly convicted.

Even if you have had a drink, it does not mean you are automatically guilty. If the police charge you with DUI, there are defense options available. Here are some to look at:

1. You were not actually over the blood alcohol content limit.

If the police are basing the charge on you failing a Breathalyzer test, you can challenge the accuracy of the test. 

It’s important to ask lots of questions. Had they calibrated their machine recently? Or could it have been reading too high? Are there any other factors that could have led to a high reading, such as the medication you were taking?

If the police use a failure of field sobriety tests as evidence, you can look at whether they instructed you correctly on what to do. You can also challenge their interpretation of your performance and see what other factors, such as an injured leg, might have caused you to fail.

2. The police did not have sufficient grounds for a traffic stop.

Look at why the police say they pulled you over in the first place. Let’s say they claim your tail light was out, but it wasn’t. That may invalidate the stop. If they set up a sobriety checkpoint but failed to comply with state laws surrounding them, that again may invalidate the charge.

Getting help to discover more about DUI defense options increases the chance you beat the charge.