Challenging Your DUI Arrest

Conviction for even a first-time driving under the influence (DUI) offense can result in jail time, automatic driver’s license suspension, and heavy fines. A DUI charge can also lead to higher insurance premiums. If you caused an accident while driving drunk, you may face felony charges.

There are no guarantees in law. The only sure way to avoid a DUI charge is by not drinking and driving. There is also no way to trick or beat a Breathalyzer test. Attempting to defeat a Breathalyzer can lead to another charge in some states.

However, there are ways to challenge the validity of your arrest. In some cases, this can lead to having charges dismissed. If you were arrested for a DUI, it’s important to seek help from a criminal defense attorney right away. They can evaluate your case for any opportunities to get charges dismissed. They can also help you pursue other defenses that can avoid conviction or reduce penalties.

How To Get DUI Charges Dismissed 

There are a few reasons why a judge or prosecutor may dismiss criminal DUI charges, including:

• Invalid traffic stop: If the police officer didn’t have reasonable suspicion to pull you over, the evidence they gathered against you because of the stop would be unusable in court.
• Lack of evidence: Police observations and chemical testing provide evidence in DUI cases, but improperly administered tests can undermine the evidence.
• Police procedural errors: Law enforcement might fail to follow certain steps to arrest and book you in violation of your rights, but you’ll need to know which rules apply to a DUI arrest.
• Completion of a pretrial program: In some cases, you may fulfill court requirements to cancel DUI charges.

These reasons will be described in more detail below. Your attorney can review your case to see if any of them apply. They can take action to raise concerns before your trial date. They may help you file a motion to dismiss if appropriate for your defense.

Challenging Your DUI Stop

To make a valid traffic stop, law enforcement must have reasonable suspicion that someone is breaking the law. This might include:

• Speeding
• Weaving
• Erratic driving
• Broken taillight
• Running a stop sign or red light

Once the officer makes a traffic stop, they need probable cause for a DUI arrest. Some things may lead to an arrest even if you were not drinking.

To establish probable cause for a DUI arrest, police use the field sobriety test and a portable Breathalyzer or other breath test. If any of these tests are improper, your attorney may have a chance at getting your charges dismissed or reduced.

The Exclusionary Rule

The exclusionary rule, derived from a series of Supreme Court cases, dictates what facts can be offered as evidence in a criminal case.

For DUI stops, Terry v. Ohio requires reasonable suspicion — a belief coupled with articulable facts leading to the stop. Without reasonable suspicion, everything after the stop is “fruit of the poisonous tree.”

These are some ways a defense attorney can get a DUI charge dismissed or reduced.

Was the Traffic Stop Valid?

The arresting officer must have reasonable suspicion for the initial traffic stop. If the stop was unreasonable, all subsequent evidence, including breath tests and field sobriety tests, can be excluded.

For instance, leaving a bar is not enough to provide reasonable suspicion for a traffic stop. Even if an officer finds other signs of intoxication, such as slurred speech, red eyes, or the smell of alcohol, a judge would not allow them into evidence.

Stops made at a sobriety or DUI checkpoint do not require reasonable suspicion. According to laws surrounding DUI checkpoints, police must select vehicles at random. For instance, they can stop every third car. If a stop violates checkpoint laws, your attorney can ask the judge to exclude the results.

Challenging the Field Sobriety Tests

Field sobriety tests (FSTs) help the arresting officer establish probable cause for the arrest. It shows whether you can follow directions and perform basic tasks. There are three standardized tests approved by the National Highway Traffic Safety Administration (NHTSA). These standardized tests are generally admissible in court.

The standard tests include:

• Horizontal gaze nystagmus (HGN): This test checks for involuntary eye movements caused by alcohol intoxication.
• The walk and turn (WAT): This test checks your ability to follow instructions and perform complex tasks.
• The one-leg stand (OLS): This tests your balance and coordination.

Though these tests are generally accurate, they are subject to human error. Possible challenges to the FST include:

• Poorly lit conditions or uneven ground: Officers should select a clear line for the subject to walk on, and provide sufficient light if none is available.
• Improper footwear: Subjects should remove heels or other unstable shoes.
• Unclear instructions: In general, officers should not deviate from standard instructions.

Subjects should advise officers and their attorneys if they have any medical conditions that could affect the field sobriety test. Some medications can cause HGN. Other medical conditions, injuries, or physical disabilities can cause problems with the walk and turn or one-legged stand tests.

Chemical Test Results

Chemical tests determine your blood alcohol concentration (BAC). You may be able to challenge the accuracy of your results. One key area your DUI defense attorney may be able to contest is whether the Breathalyzer or breath testing device was properly maintained and calibrated.

You can sometimes challenge a blood test based on a number of factors, depending on your state.

Some states require a paramedic, nurse, or physician to draw the blood sample. If your blood was not drawn properly, attorneys can challenge it.

Blood evidence must have an unbroken “chain of custody.” Any break in the draw, storage, or transportation of the blood sample can be used to challenge the test.

Lastly, in many situations, blood draws require either consent or a warrant, though this varies by state and specific circumstances. You can request or submit to a blood draw, but if you don’t consent, police must have a warrant to obtain one. Once they have a warrant, police can force you to give a blood sample.

What If I Wasn’t Driving?

You can get charged with a DUI even if the car wasn’t actually in motion. Most states allow law enforcement officers to arrest drivers who are “in control” of a vehicle. States differ about what “in control” means. Some allow officers to make an arrest if they see an intoxicated person exit a vehicle they were recently driving.

Your attorney can use a defense strategy that you did not intend to drive and had not been driving to create reasonable doubt for a judge or jury during a criminal case. This defense depends on your state’s DUI laws and where you were when police found you.

What If I Was Below the Legal Limit?

An impaired driving conviction can occur even if your blood alcohol level is below the legal limit. Police can arrest you for impaired driving even if your BAC is below 0.08% if they observe signs of impairment from alcohol, drugs, or other substances.

If you were driving recklessly, caused an accident with injuries or fatalities, or attempted to flee, the police can arrest you even if you weren’t drinking based on other traffic laws.

What If Police Didn’t Read Me My Rights?

People often think they can get their DUI dismissed if the police officer failed to read their Miranda rights before the field sobriety test. However, police do not have to read a Miranda warning at any time during a DUI stop.

Miranda warnings are only required for “custodial interrogation.” This means situations where someone is both in custody and being questioned about the alleged crime.

You only receive the warning if:

• You are in custody and not free to leave, and
• You are being questioned about a matter relevant to your case

Even if the police should have given you a Miranda warning and failed to do so, it is not grounds for dismissal. It is a procedural error, and only prohibits certain items as evidence.

Pretrial Diversion and Plea Bargains

If this is your first DUI arrest, you could be eligible for a plea bargain. A plea bargain lets your attorney plead down your DUI to a lesser criminal charge.

Plea bargains help you avoid a DUI conviction, but they don’t remove the entire charge. You must still plead to a criminal offense, typically reckless driving or speeding, and you can still face other penalties.

In some states, you cannot plead down a DUI, especially if you’ve had more than one DUI conviction. You may still face a license suspension, fines, and other penalties. You may also get points on your record and have trouble with your car insurance.

Pretrial diversion is possible for first-time DUI offenders. Diversion delays conviction and sentencing in a case for a period while the offender completes specific requirements.

Common requirements for DUI diversion include:

• Completing substance abuse treatment or education classes
• Regular check-ins with a probation officer
• Community service hours
• An ignition interlock device (IID) or a SCRAM tether

The offender must have no new offenses during the pretrial diversion period. If you successfully complete all the requirements, the judge clears your DUI charges.

Get Legal Advice from a DUI Criminal Defense Attorney

Your best course of action for dismissing or reducing a drunk driving charge is to contact an experienced DUI criminal defense attorney. Challenging a BAC test or a field sobriety test requires knowledge of the system for a favorable outcome in a DUI case. An attorney licensed in your state (or the state where you’re being charged) will know the ins and outs of the local courts and DUI laws. They can help you build a much stronger defense than going it alone.