Challenging DUI (driving under the influence) test results is one of the defenses you can use when charged with DUI. Like other criminal defenses, however, the defense is not a blanket one for all situations; in fact, it might not make sense in some cases. Below are some of the cases in which it may make sense to challenge DUI test results.
You Stand To Lose a Lot
Challenging a DUI test is not a straightforward defense. You may need the services of an expert witness to convince the court of the test errors, and expert witnesses are not exactly cheap. Therefore, mounding the challenge only makes sense if you stand to lose a lot if convicted of a DUI.
For example, a first DUI charge is usually a misdemeanor unless there are aggravating circumstances, such as a fatal accident. Although the possibility of jail time is there, you may also get away with community service and a fine. However, if you have been charged with an aggravated or felony DUI, you face the possibility of much harsher sentences, and you may want to do everything possible to defend the charges.
You should also be careful with your DUI charges and probably challenge the DUI tests if you are at the point of your life where a DUI (or any criminal) conviction would be bad for your life. Say you want to get into a sensitive career and apply for educational grants. A DUI conviction can really mess up your chances of either of those things.
The Test Is Obviously Erroneous
You should also consider challenging the DUI test results if you are convinced they are erroneous. There is no point going through the whole process and spending money trying to prove the prosecution result only to come to the realization that the prosecution was right all along.
However, if you only took a few beers, but your BAC (blood alcohol content) is off the charts, then something is wrong, and you should consider the challenge. Or, maybe you were not intoxicated, but you still ended up getting charged with DUI. Your chances of succeeding with the challenge are good.
Your Attorney Has Advised You
If you have decided to challenge your DUI charges in court, it is best to do so with the help of a DUI defense attorney. The attorney will analyze the circumstances of the case and advise you on the best defense strategy to use. Therefore, if your attorney advises you to challenge the DUI test, you should listen to them because they are basing their decision on their knowledge and experience.