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3 Ways To Contest a DUI

Wednesday, October 16, 2013 4:45

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(Before It's News)

How can you contest a DUI? After the new head coach of the Atlanta Hawks was arrested on suspicion of driving under the influence, according to The Associated Press, this question is likely on his mind.

Mike Budenholzer’s case has yet to be settled, but the new coach stated earlier this week that he wants to focus on preparing his team. He added that “it’s important for [him] to respect” the legal process, though he does plan to contest the charge.

A DUI can affect anyone — so here are 3 ways to contest one:

1. Challenging an Officer’s Testimony

A significant part of one’s DUI case is the arresting officer’s testimony as to your state of drunkenness. While, ultimately, your conviction will likely fall on your recorded BAC level, you can still poke holes in the prosecution’s case by refuting parts of the testimony. And it might help garner a lesser sentence.

For example, if an officer claims you appeared disoriented or really drunk, but you really were just tired, you can provide witnesses who can testify to your condition.

2. Accuracy of Blood or Breathalyzer Test

There are many ways you can challenge the legitimacy of a breathalyzer or a blood test. First off, you can challenge the reliability of your blood test if the officer who tested you wasn’t actually licensed or qualified to draw your blood.

You also have the option of challenging the calibration of the equipment used to either take your breath or blood. Without proof that a testing device was properly calibrated, results from a blood or breathalyzer test can be argued as unreliable to a jury.

3. Lack of Probable Cause

Lastly, in order for an officer to detain or arrest you after he or she suspects you of a DUI, there must be probable cause on his or her part. Probable cause entails an adequate reason to believe a suspect has committed a criminal offense, based on more than just a hunch.

If you feel that your DUI arrest wasn’t based on probable cause (e.g. it was due to your race or you gave the officer no reason to suspect intoxication), you may have an adequate basis for contesting your DUI.

A DUI is a complicated matter, however, and contesting it can get even trickier. It’s best to consult a local, experienced attorney, who can help you sort out your options.

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