You've been pulled over and the officer accuses you of being drunk - even though you aren't. Despite your protests, you are suddenly placed under arrest. But an arrest doesn't mean that you're out of luck. If you've been charged with a DUI it's critical that you fight back, stand up for your rights and get the justice you deserve.
Here are three ways that you can challenge a DUI stop in court.
Police can't stop a driver without a valid reason. Cops must have probable cause to make a stop. The officer may say that you were driving recklessly or swerving even if you weren't. When this happens your lawyer can challenge the stop in court.
A good way to challenge these types of unlawful stops is by obtaining dash cam footage. There may also be other footage of the stop such as a security camera from a nearby business, which can also be used in court.
Not being Mirandized
When you're placed under arrest a cop is legally required to read you your rights. These rights - referred to as your Miranda rights or Miranda warning - are in place to protect you from self-incrimination. A person under arrest must be informed of their right to remain silent and right to an attorney. When police fail to read you your rights or read them incorrectly, you can challenge the improper arrest in court.
Inaccurate blood test
Blood tests can yield inaccurate results for a variety of reasons. It could be that:
- The swab used to clean your skin before the blood was drawn was contaminated
- The blood was improperly stored
- The tube the blood was stored in was expired
- The method of measurement was unreliable
If you've been charged with DUI that doesn't mean that you'll be convicted. But because DUI convictions can have serious consequences it's important that you don't go down without a fight. Challenging your DUI may mean a lighter sentence or having your case dismissed entirely.