Challenging Your DUI Charges

Posted by Richard Lawson | Oct 10, 2012 | 0 Comments

When facing charges for a DUI hiring an experienced and skilled DUI defense attorney ought to be your first repose. At The Law Offices of Richard S. Lawson our team has years of experience helping clients fought their DUI charges, and here are some of the ways. Commonly one of the easiest things to challenge is the breathalyzer test, which is often known for being faulty or improper readings. Malfunction of the instrument is not the only thing, but also if the police does not handle the device properly it may malfunction as well, and even your own physical issues may play a role in a BAC reading.

It is common for those who have consumed any alcohol that night and have stomach issues such as acid reflux, to have a higher BAC reading because of the burps and acid in your mouth. If for some reason you threw up, that may also make the BAC levels read as higher than the legal limit even if you were drunk. Another common aspect of your DUI arrest that may be challenged is your rising alcohol level. For the average sized person, it takes around 50 minutes for the alcohol to absorb into your system and give you the feeling of intoxication. However, there is the chance that your alcohol level wasn't at its peak when you decided to drive home, and yet by the time the officer pulled you over and administered the tests, you level were much higher.

After having a blood sample taken for your BAC level, there is also the chance that the blood could have been handled incorrectly or not stored at the proper temperature thereby making the readings inaccurate. When you are arrested for a DUI, it is also important to remember that the officer who pulled you over must have had a probable cause for making you stop your car and be checked for alcohol. Probable cause means that the officer saw you either swerving through the lanes or breaking traffic laws and then pulled you over. If you are completely positive that none of these things happened while you are driving, be sure to discuss that with your defense attorney, because that may be cause to have the case dismissed all together.

The Miranda Rights are also another common mistake that officers can make by forgetting to read them to you. By law at the time of any arrest, the officer is required to read you're your rights so that you are aware of the opportunity to hire an attorney as well as not say anything. This is very important, and again, if they do not follow through with this requirement it is very likely that the case can be dismissed.

Believe it or not, there are many reasons for which an officer may think that a person is under the influence. For example if at the time they pull you over and you have red or watery eyes or a red and flushed face, they may assume you have been drinking, when in reality it is an allergy or something similar. Studies also show that if a driver is extremely tired, they are more dangerous on the road than a drink driver. If you were tired and then pulled over and accused of drinking, this may be another possible argument to challenge the DUI.

In the event of being arrested for a DUI, whether or not you actually were above the legal limit, every person deserves the chance to be represented in the court of law. Contact our offices to discuss your case, and we would love to walk alongside you and fight for your innocence or to have the charges reduced. Call today and don't wait another moment to challenge those DUI charges!

About the Author

Richard Lawson

Richard S. Lawson is passionate about intoxicated driving defense. Unlike some attorneys, Mr. Lawson devotes 100% of his legal practice to helping people stand up for their rights against DUI charges. For more than 20 years, Mr. Lawson has dutifully fought for his clients' freedom, resolving more 4,900 impaired driving cases during the course of his career. Today, Mr. Lawson has developed a reputation as a skilled negotiator and continues to help clients by fighting to keep them out of jail.


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