Fighting Back Against an Unfair Drunk Driving Charge

After being charged with a DUI, you may feelfield sobriety tests or tests to measure your blood
powerless to fight the charge. However, just becausealcohol content level. Breathalyzers are not always
you have been arrested or charged with this crimeaccurate since they do not directly measure the
does not mean that you will actually be convicted andamount of alcohol in the body and instead rely on a
forced to face the punishment. By working with anmathematical calculation. Even blood tests, which are
experienced drunk driving attorney knowledgeable in allby far the most accurate indicator of blood alcohol
aspects of DUI law, you may be able to effectivelycontent, can be mishandled during administration and
fight against your charge.processing. Even if a test indicates that you are over
The United States constitution protects citizens fromthe legal limit, your DUI attorney can challenge:
unreasonable searches and seizures and requires an- The testing procedure itself, such as how the test
arrest to be made based on probably cause. Underwas conducted or the inaccuracy of measuring
this protection, a police officer cannot stop a vehicleinstruments.
randomly unless the officer has sufficient probable- The manner in which a blood or urine sample was
cause to do so. Random stops, known as sobrietycollected, handled, or stored.
checkpoints, are allowed in some states, but are- The test results.
prohibited in Rhode Island under the state constitution. If- The actions of the arresting officer.
your vehicle was unfairly searched or if your arrest- The original reason for the traffic stop. If you have
was not based on probable cause, a drunk drivingbeen charged with driving under the influence of
lawyer can fight the validity of your charge.alcohol, it is important to seek legal help. Your drunk
Even if you were stopped under fair pretenses, andriving defense lawyer can evaluate your case and
officer can still make mistakes during the DUI arrest.determine if you were charged unfairly because of a
For example, an officer must read you your Mirandapolice error or another unfair situation. To learn more
rights. If the officer fails to do so or presentsabout field sobriety tests, breathalyzer accuracy, and
excessive questioning before reading the rights, yourother topics related to a drunk driving charge, visit the
DUI attorney may be able to have the case dismissedwebsite of Rhode Island DUI defense attorney James
or may challenge the credibility of the arresting officer.Powderly.
In addition, mistakes can be made while administering