Being arrested for drunk driving is not only frightening but embarrassing as well. Depending on the circumstances of your case, you risk losing your driver’s license, paying fines, missing work and, worst of all, going to jail. Additionally, you may have a criminal record to contend with for the rest of your life.
To arrest and charge you for drunk driving, however, the police must have evidence that your blood alcohol content (BAC) level exceeds the legal limits. And this is where your breathalyzer or blood test result comes in. Can you challenge this evidence in court?
You can challenge the technology
Your blood alcohol content result is only as accurate as the device that measured it. If, for example, a breathalyzer device was not properly calibrated and maintained, you can challenge your BAC test results.
You can challenge circumstances that led to your DUI stop
The police cannot pull you over for a DUI investigation on a mere whim. They must have probable cause that you are drunk or otherwise violating the law. Without probable cause, you can dispute any evidence the police obtained against you as a result of their unlawful stop.
You can challenge how your blood sample was handled
Your blood sample will likely pass between hands from the time it’s drawn to the time it’s analyzed. In the process, the blood can be contaminated if it is properly handled. If your blood sample was not properly handled and, thus, contaminated, then this can affect the outcome of your test results.
Safeguarding your interests
Drunk driving is a serious offense with far-reaching consequences. If you are charged with drunk driving, it is important that you understand your defense options. Seeking legal guidance as soon as possible can help you to employ the defense strategy that is most likely to be effective under the circumstances.
