When you’re facing DUI charges, it’s natural to be worried about what’s coming next – even when you feel like you weren’t in the wrong.
It can be incredibly difficult to successfully challenge a prosecutor’s case, so much so that attempting to do so may seem futile. Yet, as you are innocent until proven guilty, it’s worth permitting your attorney to review the evidence that the prosecution holds and challenging anything that doesn’t look right. These are two of the primary kinds of evidence that criminal defense attorneys regularly challenge in DUI cases
1. Roadside breath tests
A roadside breath test is the most common way a police officer will test to see if you’re over the blood alcohol concentration (BAC) limit while driving.
These tests are not always reliable. There are numerous factors that can result in a false positive, including medical conditions and even having recently used mouthwash. In addition, the equipment used needs to be properly maintained and the evidence must be handled correctly. If this is not done, there is an opportunity to contest a test’s validity.
2. Police testimony
The prosecution is responsible for establishing your guilt beyond a reasonable doubt. Police officers who responded to the scene will likely be asked to testify, so their testimony may be crucial to the prosecution’s case.
The details of the arrest, including what the police officers saw at the scene, will all be detailed in the police report. This is also helpful evidence if it demonstrates that you were courteous, helpful and behaved normally when you were stopped. An officer’s perceptions and approach are often contestable, and if the defense can demonstrate inconsistencies, the case may be dismissed.
Challenging a DUI can be difficult on your own. Seeking legal help can better ensure that you’re able to mount the strongest defense possible to the charges you’re facing.