The Law Offices of Anthony N. Palumbo
Phone: 908-316-8671

Challenging a DUI

When a police officer arrests you for a DUI, it may feel like there is no way out. Having a DUI charge or conviction can be a permanent blemish on your record. Fortunately, there are several defense tactics that you may be able to use, which we will discuss in this post.


Challenging the accuracy of chemical or field sobriety tests

Chemical testing for driving under the influence includes either (or a combination of) blood, urine or breath tests. The most common is the breath test, using a breathalyzer to read the blood alcohol content or BAC. Breathalyzers need constant maintenance and upkeep, which can be used as a defense when challenging a DUI charge. If the officer did not calibrate the device correctly or the device produced inaccurate readings, the results may be inadmissible in court.

As for field sobriety tests, police officers have almost a 50 percent error rate when determining if someone is under the influence of alcohol according to the tests. If an officer arrested you after you completed a field sobriety test, it may not hold up in court.

Challenging the validity of the traffic stop

In order to pull someone over for drinking and driving, a police officer must have reasonable suspicion. This means that the individual was displaying poor driving techniques that made an officer suspect driving under the influence. If an officer did not have reasonable suspicion to pull you over and proceeded to arrest you, a judge may throw the case out in court.

Having the police arrest you for a DUI can be scary, especially if it is your first offense. Knowing that there are defense tactics that can be used to help lighten or take away your sentence may provide relief.

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Challenging a DUI | The Law Offices of Anthony N. Palumbo