Wyatt Hardy, PLC

Criminal, Family and Probate Law

Wyatt Hardy, PLC

Criminal, Family and Probate Law


Protecting Clients’ Rights. Working To Solve Problems.

Defending a DUI charge

On Behalf of | Oct 17, 2023 | DWI Defense

Getting charged with a DUI can be an overwhelming and distressing experience. However, one must recognize that there are effective legal avenues to defend yourself and safeguard your rights in such situations.

You can use various strategies to challenge a DUI charge and mitigate the severe consequences that often accompany it.

Challenge the traffic stop

One common defense tactic involves questioning the legality of the initial traffic stop. Because 31% of fatal traffic incidents involve drunk driving, law enforcement is always on the lookout for drunk drivers. However, law enforcement must have a valid reason to pull you over, such as a traffic violation or reasonable suspicion of wrongdoing. If the stop violated your rights, it could lead to the dismissal of the DUI charges.

Challenge field sobriety tests

Field sobriety tests, such as the walk-and-turn or one-leg stand, rely on an officer’s judgment and can be subjective. Factors like weather conditions, physical health or nervousness can affect your performance. Challenging the reliability of these tests can help your case.

Question blood or urine test results

In some cases, authorities use blood or urine tests to determine BAC. These tests can be inaccurate if not conducted correctly or if there are chain custody issues. Review the procedures and documentation related to these tests, and consider seeking legal guildance to help you review them.

Explore rising BAC defense

Alcohol takes time to absorb into your system, and your BAC may continue to rise after you have stopped drinking. You may have a rising BAC defense if your BAC was under the legal limit when driving but rose above it later.

Consider faulty equipment or maintenance

Challenging testing equipment’s maintenance and calibration records can be an effective strategy. If the equipment used had faults or was not adequately maintained, it could cast doubt on the accuracy of the results.

Defending against a DUI charge requires thoroughly examining the circumstances surrounding your arrest.