Can you challenge DUI evidence?


If you’ve been charged with driving under the influence of drugs or alcohol, there’s no doubt that the prosecution has evidence against you – but that doesn’t mean that their evidence is irrefutable.It’s important to remember that these are viable defenses to DUI charges. Every situation is unique, but here are a few possibilities of things that can be challenged:

Validity of the traffic stop

A law enforcement officer must reasonably suspect you were involved in criminal activity to pull you over. This can include things like speeding, erratic driving or even mechanical issues with your vehicle. If the officer cannot prove they had reasonable suspicion to pull you over, it may be possible to have any evidence of the DUI they gathered suppressed.

Field sobriety test issues

You may also be able to challenge the validity of field sobriety tests. Some officers use these to determine if you are intoxicated. However, there is an issue of human error. For example, if the tests were given in poor conditions or if the officer did not explain the rules of the test, the outcome can be challenged as invalid.

You weren’t the driver

With any type of criminal charge, it is up to the prosecution to prove beyond a reasonable doubt that you were the driver when the arrest occurred. If you claim you were not the driver, and the prosecution cannot prove you were, it may be possible to defeat the charges against you. If you’re facing charges of drunk driving, you have options to mount a defense. Remember, it is up to the prosecution to prove you are guilty, so use this to your advantage, if possible. Experienced legal guidance can help.

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