If you have been stopped with a BAC that's above the legal limit, you may think that it's certain you will be charged with a DUI. However, there are several things that you and your DUI lawyer can do to refute the charge. Here are some questions to ask to help you build your case.
Was the Stop legal?
One thing that can help you get away from a DUI charge is if criminal law is on your side. For instance, officers must follow protocols and only stop a driver if there is a clear traffic violation. Your DUI charge may be accompanied by another citation such as an illegal u-turn or a speeding ticket. If not, you might be able to argue that the police officer stopped you without due cause.
Can You Argue that You Weren't Drinking?
If there was a BAC test involved in your trial, it may still be possible to dispute the fact that you were drinking or over the legal limit. Especially if the test is close to the legal limit, you may argue that these tests aren't always accurate.
When it's a close call, the officer may cite other examples of your behavior, such as slurred speech or drunken behavior, but these are often subjective and hard to prove unless there was a third party present. Work with your DUI lawyer to argue against any circumstantial or behavioral evidence that supports the claim that you were drunk.
This defense isn't to be taken lightly, but if you were mistreated during your DUI arrest, then you may be able to use this as a defense in your trial. For instance, you may be able to point out some misconduct by the police officer, such as unnecessary force, racial profiling, or failure to identify and uphold your rights as a citizen. Doing so will take a DUI lawyer or criminal lawyer who is well-versed in the laws of misconduct.
In short, it's important to examine the circumstances of your DUI charge to see if there are any extenuating circumstances. You may be able to get your charge thrown out completely with the help of an experienced lawyer who is well-versed in criminal law. Or, while it may be less clear-cut, you can try to effectively argue against the subjective circumstances. In either case, an incriminating BAC test isn't the end of the story.