Common Strategies for Challenging A DUI

Being charged with a DUI can be a deeply traumatic experience that leaves individuals feeling isolated and vulnerable. Fines and economic penalties, competition in the job market, and even friends becoming aware of the charge can create a near-overwhelming situation. 

Thankfully, there is some respite – law enforcement officers have strict procedures they must abide by when prosecuting you, and any missteps or mishandling on their part could result in your entire case being dismissed. Knowing this should reassure those feeling overwhelmed by the consequences of a DUI charge while prompting them to claim their right to due process and thoroughly examine their case.

The following blog will outline some of the most effective ways you and your legal team may strategically challenge a DUI charge. 

What are the penalties for a DUI charge in Indiana?

According to Indiana law, a person can be charged with a DUI (Driving Under the Influence) if they operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or if they are impaired by drugs or alcohol to the point that they cannot safely operate a vehicle.

The penalties for a first-time DUI offense in Indiana include the following:

• A fine of up to $5,000
• A jail sentence of up to one year
• A license suspension of up to two years
• Completion of a substance abuse education course 

What are common challenges a legal team can make?

Although a DUI charge may seem impossible, it does not automatically lead to a conviction. The following strategies help fight the charge. Here are three of the most effective options:

1. Challenge the Legality of the Stop

The most commonly used and successful strategy is to challenge the legality of the stop. A law enforcement officer must reasonably suspect you are engaged in illegal activity to pull you over. Challenging legality could be as simple as a broken taillight or as severe as swerving into oncoming traffic. However, in many cases, a driver is pulled over because they were out late at night or leaving a bar. 

2. Dispute the Intoxication

Several tactics can be used in this defense, such as claiming the breath test was unreliable or that residual alcohol in the mouth caused a false reading. Another strategy is to dispute the allegation of intoxication. 

3. Challenge the Credibility of the Officer

The final strategy is to challenge the officer’s credibility who conducted the stop. Since a DUI case is often based on your credibility versus that of the officer, you may be able to challenge the officer’s integrity. If successful, this can elevate your trustworthiness and create enough doubt in the validity of the case that the charge is dropped. 

Contact us today for representation.

A DUI charge can be intimidating and confusing. Still, an experienced DUI attorney can help navigate the complexities of the legal system and identify the best strategies to challenge the pending conviction. A skilled attorney can also help reduce the severity of your charge and the punishment. 

Contact our team today if you have been charged with a DUI and have evidence or believe you should be acquitted. We represent Indiana citizens and defend cases to reduce or eliminate severe or unwarranted charges.