Kolbeck Law Office

Representing Clients In Sioux Falls, Minnehaha County And Eastern South Dakota

How to beat an unfair DUI charge

After a night of drinks, you follow the same routine. You allow yourself some fun with your friends, but responsibly cut yourself off hours before you drive home from the function. Unfortunately, this method that has worked time and time again has failed and you’ve received a DUI charge.

If you believe your blood alcohol content (BAC) level was inaccurate, a cop pressured you into field sobriety tests (FSTs) or the cop had no reason to pull you over in the first place, then you could have a solid defense. Teaming up with an experienced DUI attorney can help you determine the best way to fight your case.

As you approach your court date, you should note if any of these conditions played a role in your unjust DUI charge:

  • Unfair stop: Maybe you are having a hard time understanding why a police officer flashed their lights and signaled you to pull over — you weren’t swerving or running any red lights. If that’s the case, then you might be able to argue that the cop did not have reasonable suspicion to conduct the traffic stop, which is a violation of your constitutional right.
  • Breathalyzer shortfalls: There are a lot of factors that could have caused you to blow a 0.08 BAC. Maybe you are on a new medication or maybe you recently lost a lot of weight. Not only are there several natural factors that can affect a BAC reading, but the breathalyzer could have been improperly calibrated or administered incorrectly as well.
  • Faulty tests: An officer might try to determine if you were drinking and driving by making balance you on one foot or walk in a straight line. Akin to the breathalyzer test, there are several health conditions that could cause you to fail For example, you could have a back issue that doesn’t allow you to walk straight or could suffer from anxiety disorder and fail the test because of a panic attack.

Since are short- and long-term impacts of a DUI charge — from fines to jail time — you should take time to consider if your case is worth the fight.

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