Driving under the influence (DUI) is a serious offense that can have severe consequences, including jail time, fines, license suspension or revocation, and more. Unfortunately, there can be circumstances in which a person may be falsely charged with a DUI. If you find yourself in this situation, it is crucial to understand your legal options and the strategies that can be used to fight a DUI charge and win your case.
1. Challenging the Stop
The police must have a valid reason to stop you while driving. If they lacked probable cause or reasonable suspicion, the stop may be challenged. This defense can be successful if the officer did not have a valid reason to pull you over.
2. Contesting the Field Sobriety Tests
Field sobriety tests are often used to determine whether a driver is under the influence. However, these tests are not always accurate and can be challenged in court. The officer may not have administered the test properly, or in some cases, it could be argued that you have a medical condition that affects your balance.
3. Attacking the Breathalyzer Results
Breathalyzer tests are commonly used to measure a driver's blood alcohol content (BAC). However, these tests can be inaccurate and affected by various factors such as mouth alcohol or improper calibration. If the breathalyzer results are challenged, the prosecution may not have sufficient evidence to prove that you were driving under the influence.
4. Questioning the Blood Test Results
Blood tests are another way to measure a driver's BAC. However, these tests can also be challenged if the sample was not properly collected, stored, or analyzed. If the blood test results are inaccurate, this defense can be used to weaken the prosecution's case.
5. Proving a Rising BAC
If you were not over the legal limit while driving, but your BAC increased after you were pulled over, this defense can be used. A rising BAC can occur if you had a drink just before driving and your body had not yet absorbed the alcohol. This defense can be used to argue that you were not under the influence while driving.
6. Establishing a Lack of Intoxication
If you can prove that you were not intoxicated while driving, this defense can be used. This can be done by presenting evidence such as witness testimony, video footage, or medical records. If successful, this defense can lead to a dismissal of the charges.
Fighting a DUI Charge In Tulsa, OK
These six defenses can help you fight a DUI charge. It is essential to work with an experienced DUI defense attorney who can evaluate your case and determine the best strategy to use. At Brewster & De Angelis, we have a team of skilled attorneys who can help you navigate the legal process and fight for your rights. Contact us today to schedule a co