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A DUI charge can carry severe penalties that can significantly impact your future. If you are arrested, it is in your best interest to have an experienced DUI lawyer assess the facts of your case and mount a strong defense. Here are some defense options that might be available to you when you're fighting these charges.

How to Dispute a DUI Charge

1. Absence of Probable Cause

Officers can pull you over if they have a valid or reasonable suspicion that you have committed a violation. Otherwise, the traffic stop is deemed unlawful because there is no probable cause, and any evidence becomes inadmissible in court under the Fourth Amendment. As such, if you have been asked to submit to field sobriety or chemical tests, they can't use the results against you. 

A skilled DUI lawyer can also assert that the traffic stop was unconstitutional if it's apparent that there's not enough evidence to justify the charges. One example is if an officer pulls you over for speeding when you have a personal emergency and arrests you for a DUI charge after being upset by your persistent pleas to be let go. This defense would only be valid if they failed to conduct a sobriety test.

2. Testing Inaccuracies

DUI lawyer Hamilton, OHDUI testing methods are not without flaws, and officers or medical personnel do make mistakes. It's possible that the testing equipment used on you was improperly calibrated or maintained, resulting in inaccurate readings. 

Ohio has detailed regulations on chemical test administration, and a skilled DUI lawyer can argue that the test results are invalid if those guidelines are not followed. Some DUI testing issues that may lead to erroneous readings include an improper sample analysis, inaccurate recording of results, instrument malfunction, and a suspect's physiological condition, such as the presence of acid reflux.

3. Invalid Field Sobriety Test

Sobriety tests like the one-legged stand, walk and turn, and Horizontal Gaze Nystagmus can be difficult for some people to complete even when they are not intoxicated. Moreover, their results may be subjective and can be influenced by environmental conditions. For instance, your attorney can claim that the pavement was uneven, the lighting was poor, or the test instructions were unclear to you. Chronic medical conditions, such as an inability to control involuntary eye movements, can also affect the results of the sobriety test.


DUI charges are serious, and your best chance of avoiding a conviction is to have a top DUI lawyer handle your case. Michael A. Newland Esquire in Hamilton, OH, can skillfully represent you and fight for your rights, whether you need a traffic lawyer, criminal attorney, or juvenile law representation. Call his office today at (513) 887-9595 to schedule an initial appointment, or visit his website to get in touch with him online.

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