Regardless of how they find themselves in such a situation, many, many people want to know if it is really possible to fight drunk driving charges if an officer determines that they were legally over the limit when the charges were issued. The short answer is yes, but of course it’s more complicated than a simple “yes” or “no.”
Part of the beauty of the United States’ legal system is that you can choose to fight any charge or none at all. Whether you’ll achieve your goals is another matter. When it comes to fighting drunk driving charges after an officer determines that you are over the legal blood alcohol content (BAC) limit to drive, you may have a number of options. These vary depending on the nature of your stop and the methods your arresting officer used to determine your sobriety or BAC.
If your arresting officer used a Breathalyzer, you may have opportunities to challenge the accuracy of the device. You may, for instance, suggest that it was not properly calibrated during your stop, skewing the results. You may also challenge the conduct of the officer, or may find grounds to argue that he or she did not properly execute field sobriety tests.
These are only some of many options you may have available. Each of these may prove effective under the right circumstances, but none of them are necessarily bulletproof. In many cases, it is wise to approach such charges with the guidance of an experienced attorney who can help you identify weaknesses in the case against you and assist you in protecting your rights and priorities as you mount a strong defense against the charges.
Source: Findlaw, “Defenses to Drunk Driving,” accessed Dec. 01, 2017