Legal Challenges That Can Help You Beat a DUI Charge: What You Need to Know

A DUI is a serious charge that can carry real consequences. If convicted, you may face stiff penalties including thousands of dollars in fines or even jail time. Even after you’ve served your sentence, your criminal and driving records may follow you around, hurting your chances for employment. This may sound dire, but it’s important to remember that just because you are charged with a DUI, you may not be legally guilty. Here are some of the ways an Alameda DUI lawyer can get your case dismissed by using legal challenges.

Field Sobriety Tests

The only truly accurate ways to determine if a person is legally intoxicated is to measure their blood alcohol content (BAC) through a breathalyzer or blood test. Arresting officers, however, will often employ the far less scientifically accurate method of administering a field sobriety test. In a field sobriety test, an officer asks you to perform a series of physical and/or verbal actions designed to reveal if you are under the influence of alcohol.

While these tests may seem compelling, they have inherent flaws, namely the fact that a person at an elevated stress level from being pulled over may have difficulty performing these tasks, even with no alcohol in their system. An Alameda DUI lawyer will know what questions to ask in court to challenge a field sobriety test.

Subjective Evidence

In addition to field sobriety tests, officers often gather subjective evidence to bring a DUI charge, mainly based on observations. While police officers are usually highly trained and skilled in observation, this is sometimes an area where it’s one person’s word against another. For example, an officer may say they smelled or detected the presence of alcohol or witnessed signs of intoxication. It would be very difficult for a lay person to effectively challenge these assertions, but an Alameda DUI lawyer will know exactly how to do so.

Clerical and Handling Errors

Lastly, certain procedures must be followed throughout the process of filing a DUI charge. Every one of those steps opens up the possibility of human error, including a clerical employee incorrectly entering a time of arrest or an exact blood alcohol level. An Alameda DUI lawyer will know how to examine all these files and detect errors that may lead to a not guilty verdict.

A DUI charge does not guarantee a conviction, and a highly trained Alameda DUI lawyer can give you your best chance of walking away free.



Geek Upd8 - Law Reporter: Legal Challenges That Can Help You Beat a DUI Charge: What You Need to Know
Legal Challenges That Can Help You Beat a DUI Charge: What You Need to Know
Geek Upd8 - Law Reporter
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