Can You Still Challenge a DUI if You Have Been Drinking?

You might assume you have zero chance of contesting a charge of driving under the influence (DUI) if you had actually been drinking. Even if you only had a tiny bit to drink, there is ample scientific proof that any amount of alcohol will influence your driving.

Thankfully there are several ways to contest a DUI, even if you believe you had drunk enough to put you over the legal limit. Here are some:

Did the police act correctly during the stop and arrest?

You might think the police can just stop anyone for any reason and charge them if they discover they have been drinking. They cannot. Pennsylvania law sets out strict conditions for any DUI stop, and a police officer cannot just start pulling people over when they feel like it.

If they stop you outside of an official checkpoint, they can only do so for specific reasons. They need to have reason to believe you were breaking the law. So if your vehicle was in full working order and you were driving according to the law, that may invalidate their case, even if they later found out you had alcohol in your system.

Were the tests used to justify your arrest even accurate?

If the officers used field sobriety tests, you may very well be able to challenge their accuracy. They are notoriously unreliable.

If they got you to take a breath test to determine your blood alcohol concentration, you could look to verify when the machine was last serviced and calibrated. They will not be accurate forever without regular services.

If you face DUI charges, get legal help to understand all potential defense options. Your future depends on it.

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