Rosenblum Schwartz & Fry
314-862-4332

Parents: 3 ways to challenge a DUI stop

The last thing you ever expected was to get a call from the police station stating that your child had been arrested for driving drunk. Your teen isn't even old enough to drink. A DUI can impact your child now and in the future, so it's important to understand how to fight against the charges. There are a few different methods, each of which has the potential to have the case dismissed.

1. Your child is innocent and the breathalyzer was wrong

If your teen is adamant about the fact that he or she did not drink or that he or she only had a drink with dinner with family, it's important to question the test results.

One complaint about breathalyzers is that they have the potential to be incorrect. For example, if your teen burped while taking the test, the officer should have thrown out the results. Why? Burping releases more alcohol from the lungs, which skews the test. The officer may request two breath samples. If so, they should match or be very close to one another. If they are not, then the Breathalyzer wasn't calibrated correctly.

2. The officer stopped your child illegally

An officer must have just cause for stopping a vehicle. For example, if your child was speeding, then asking the teen to pull over is legal. However, if your child was doing nothing wrong and was pulled over, the officer did not have the right to that stop. That fact could have the case thrown out in court.

Here's another example. If your child was driving home and pulled out of a bar's parking lot, that in itself isn't enough reason for a cop to pull over your teen. The officer might suspect that your teen had been drinking, but if your teen has broken no laws, then the officer has no right to make a stop.

3. The tests were taken illegally

Another thing you can contest is if the officer sought a blood test illegally. Blood tests are not the same as breath tests and require a warrant. They are more invasive, since a needle must be used to collect the sample. Officers have the right to ask for a breath sample, but if they want a blood sample, a warrant must be issued.

These are just a few potential defenses for your child's case. Your attorney has more information on the defenses that you can use to protect your teen against a DUI charge.

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Rosenblum Schwartz & Fry

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