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Who or what can you challenge if facing a DUI?

If the police charge you with operating a vehicle while intoxicated (OWI) it is crucial you understand that you always have a chance to contest the charges.

Many people each year manage to get their charge overturned for a variety of reasons. Doing that can save you a lot of money and hassle, as well as spare you the considerable consequences a criminal record will bring.

The police make mistakes

Police officers are busy people, so they cannot always set time aside to go to court and counter your challenges. So even mounting a challenge increases your chance of success. Here are some challenges you could make:

  • They did not comply with procedures: For example, they did not have the necessary permission to set up an OWI stop, or they did, but they set it up wrong.
  • You can challenge if they really saw you driving drunk: The police say they saw your car driving dangerously, then followed you and pulled you over. They might have seen someone in a car that looked like yours.
  • They did not give adequate instructions: Maybe, you failed a field sobriety test. Did the police officer make the instructions clear? Did they assess your sobriety correctly?
  • You can challenge the testing equipment: Breath testing machines do not stay accurate for life. Few machines do. They need regular recalibration, and if the police force cannot prove this was done, it may explain why your results read high.

Some of these defenses will be much more likely to succeed than others. It depends on your unique circumstances. Getting legal help will be crucial to deciding on the best way to defend an OWI charge.