An arrest for a DUI charge does not automatically equate to a conviction. If you are facing DUI charges, you have the option of accepting the situation or fighting it. Whether or not you should fight the charges depends on the situation.
Low Blood Alcohol Content Level
A low blood alcohol content level, or BAC, does not necessarily mean that fighting the charge is the best option. Regardless of the BAC level, it is still a DUI charge and will be viewed as such by the court. You could still face the same penalties you would if your BAC level was high.
However, there is a chance that the low BAC level might help when it comes to plea bargaining with the prosecutor. The prosecutor could be willing to drop the charge to a reckless driving or wet reckless charge, which are lesser crimes that do not carry the same level of punishment as the DUI charge.
If you do plan to fight the charge based on your low BAC level, there are a number of defenses available. For instance, you could rely on the fact that the BAC level continues to rise due to alcohol absorption. You could argue that at the time you were stopped, your BAC level was actually below the legal limit and that by the time you were tested, it had naturally risen as the alcohol was absorbed.
No Probable Cause
Police officers do not have the right to stop motorists randomly. There has to be legal justification for the stop. For instance, to justify the DUI stop, an officer has to show he or she believed there was just cause for the stop, such as you were swerving or the officer observed you drinking while driving.
If the police officer did not have a just reason for stopping you, it is possible that you can challenge the arrest altogether. Proving that the officer did not have probable cause could be as simple as obtaining the video footage from his or her patrol car and showing that you were not driving erratically. If you are successful, it might be possible to have the charges thrown out of court.
To best assess whether or not fighting the DUI charge is possible, consult with an attorney, like those at Thomas & Associates, PC. He or she can assess your case, state law, and help you determine what would be the best option in your situation.