It is really unfortunate and sometimes embarrassing to be caught by an officer for DUI and the officer can really give you a tough time asking you to take up various tests to determine if you are drunk. Just pray that you are well under the legal limit rather the blood alcohol concentration level is below 0.08, which is the standard limit largely followed in most states of the US and if you fail the test most certainly you get charged under DUI. But there are ways to beat the DUI charge if you have the presence of mind and are stable enough to make use of some useful tips to save your skin from the legal hassle.
The breath test could be an Intoxilyzer breath test; some officers will not be certified to operate the device for this test and many times the machines are inaccurate or outdated. So it is important for you to get calibration records during the test that could help you challenge the DUI charge in court. And also be smart enough to check the brand name of the breathalyzer, which could help you find out the common problems that arise with the device and according to many alcohol experts before the administration of breathalyzer there has to be a 20 minute wait period.
While taking a blood test is advisable that you take a re-test the sample just to ensure that there was sufficient preservative in blood vial or else the process of fermentation takes place, which could show elevated blood alcohol reading. This probably could provide you an escape route from DUI charges.
Mistaken identity could be another reason that you might be falsely charged with DUI, as most of the times the lab can give someone elses report that shows increased level of alcohol consumption. And if you think such a mistake has in fact taken place then you can opt for a DNA testing.
Many a times field sobriety tests are not administered by certified officers and your DUI attorney can find many loop holes if you were subjected to any such test and help you beat the DUI charges in court.
Lastly, just check the exact timings of driving; see if it was anywhere between 10 pm to 2 am, there could be a lot of chance that it was a fabricated traffic staff, as many officers believe that they could find a lot of DUI cases during late night hours and if your lawyer gets successful in proving that the officer pulled you over without a cause then the judge might well dismiss the case. Nashua NH DWI Lawyer Attorney Dan Hynes