If you're being charged with a DUI, you don't always have to accept it. There are a few defense tactics that can sometimes be used to combat these charges. Though this is not an exhaustive list of all of your options, a few potential tactics are noted below:
1. Saying that the police never had probable cause to pull you over in the first place. Even if you were under the influence, if the police only discovered that because of an illegal stop, the charges may need to be dropped.
2. Showing that the blood test was done illegally. There are cases where police can take a blood test without first getting a warrant, but these are rare. Most of the time, that warrant is needed first, and evidence from an illegal blood test may not be valid.
3. Claiming that the breathalyzer was not calibrated properly or was faulty. In some cases, police officers do not check these as often as they're supposed to, meaning that the test may be unreliable and any results that it provided can't be trusted to be accurate.
4. Claiming you were not drunk. In some cases, an arrest can be made when an officer decides he or she thinks you're drunk, without doing a test. For example, the officer may note that you stumbled during field sobriety tests and did not seem alert. However, these symptoms could be caused by being sick or overly tired.
If you want to find out more about how to defend yourself against DUI charges, we offer a free initial consultation in North Carolina. Please contact us or take a look at our website today.