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Common Strategies for Challenging A DUI

If you’ve been arrested for driving under the influence, you may feel like there’s no way to avoid the impacts on your future. But you don’t have to plead guilty: there are a few ways to fight DUI charges, and you can strategize your next steps at the Law Offices of Jonathan Minkus. We’re here to help you safeguard your rights and guide you through the criminal process. We cover a few common strategies for challenging a DUI charge below. If you’re looking for specific advice regarding your case, contact us to schedule a consultation. 

How to Challenge Your DUI Charges

If you were accused of driving while under the influence of alcohol or drugs, remember that you are considered to be innocent until prosecutors provide enough evidence that you are guilty without reasonable doubt. Beating a DUI charge is possible by demonstrating the opposing party’s evidence is flawed. For instance, you can show that the breathalyzer test results or the police report were inaccurate to fight your charges. 

Inaccurate Breathalyzer Test Results

The most common test used to measure blood alcohol concentration (BAC) is the DUI breathalyzer test. It’s important to note that this test doesn’t directly measure one’s BAC; rather, it measures breath alcohol levels and inserts that value into a formula to estimate the actual blood alcohol level. As a result, the breathalyzer test may not be completely accurate for everyone, since different body weights, temperatures and even breathing patterns can influence its accuracy. A few examples of factors that can cause a false-positive rest include: 

  • Error of margin in the breathalyzer test itself
  • Reporting police officer incorrectly uses, calibrates or maintains the breath test
  • Auto Brewery Syndrome, which can cause intoxication due to carbohydrate consumption alone
  • Differing physical characteristics change the partition ratio

Even when a DUI breath test is perfectly administered, an error margin of up to 0.02% remains. Our attorneys use this fact when demonstrating that a test wasn’t accurate since this error margin means a test result between 0.08% and 0.10% may actually be below the legal limit. 

Driver Was Pulled Over Without a Probable Cause

There needs to be a reasonable cause for police to pull someone over. Police will pull someone over for a DUI if the driver allegedly runs red lights, speeds or displays NHTSA driving impairment patterns. When a police officer lacks probable cause for stopping a driver, your attorney can file a motion to prevent any evidence collected in the wrongful search from being used against you. Suppressing the evidence can make it more likely to dismiss your DUI charges. 

Inaccurate Field Sobriety Test

Field sobriety tests are commonly used to determine if a driver was operating a vehicle while under the influence. Yet plenty of studies have shown these tests to be inaccurate in many cases. Anything from bad weather to tight clothing can impact one’s test results. 

Speak to an Attorney

If you were charged with a DUI, you need to call an experienced attorney immediately. The Law Offices of Jonathan Minkus are ready to defend your rights. Contact our firm today to schedule a consultation to discuss the next steps.

For Over 33 Years

Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.

We urge you to contact us for a FREE, confidential, initial consultation.

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