Being stopped by police on suspicion of drunk driving is a high-stress situation to be in, especially if you do not know what your rights are. Before you know it, a breath test or field sobriety test is administered, and you are arrested and charged with DUI. You may wonder whether there is any way you can contest DUI charges.
Your Fifth Amendment rights during a traffic stop
If you are pulled over by the police on suspicion of DUI, you have the right to remain silent. All you have to do is state that you wish to remain silent. If an officer either tries to convince you to talk after that or does not read you your Miranda rights prior to interrogation, the statements you make may not be used against you.
Challenging evidence of intoxication
It also may be possible to challenge the purported evidence of your intoxication. If you took a breath test at a traffic stop that measured your blood-alcohol concentration at 0.08% or higher, a possible defense could be that the breath test instrument was improperly calibrated or the test was improperly administered, leading to a falsely high result.
If you were arrested based on police observation via a field sobriety test, this can also be called into question. It could be argued that the tests were improperly administered or that the police were biased in interpreting the results of the test.
Being arrested for DUI is a situation no one wants to find themselves in. While it may seem like the cards are stacked against you, this is not always true. There are ways you can defend against DUI charges and avoid a wrongful conviction.