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Can you challenge a DUI arrest?

On Behalf of | Nov 11, 2022 | Drunk Driving

Being arrested for a DUI certainly doesn’t mean you have been convicted on those charges. Problematically, though, people sometimes view these two events largely the same way. They know that they failed a breath test or field sobriety tests, so they assume that a conviction is a given.

But a conviction is never given. No matter what tests you failed or how the arrest took place, there are usually ways that you can change it. Let’s take a look at a few examples.

Problems with a breath test

For instance, maybe the police gave you a breath test and you were over the legal limit of 0.08% BAC. But did the officer calibrate that breath test properly? Was the testing device that they used an approved model? Was the police officer properly trained to administer the test? Are there any other factors, such as mouthwash that you may have used, that could have influenced the test? Just being over the legal limit does not necessarily mean that you were impaired. 

Problems with field sobriety tests

Field sobriety tests have a lot of problems because they’re known to be inaccurate. For instance, someone who stumbles in the dark during the walk-and-turn test could be arrested even though they’re not impaired; they just couldn’t see. Someone who fails the one-leg stand test may just be tired, uncoordinated or even feeling sick and weak. Plus, again, there are a lot of questions about how the test was administered and what training the officer had. Officers can make mistakes to invalidate results. 

Exploring your options

If you have been arrested, it’s very important to take the time to look into all of the legal options at your disposal.