As a result, most drunk driving charges result in guilty pleas. For those who decide to take it to the mat, it is important to remember that if you fight and lose, a judge will sometimes impose higher penalties. However, be aware that this is becoming much more difficult to do because the test, which used to be mechanical, is now digital and more reliable. You can challenge a roadside test as improperly performed or inconclusive, or indeed proof positive that you were sober. You can argue that your alcohol level was rising, not falling, at the time of your breathalyzer test at the station.
Levels fall and rise with time as the effects wear off.
So you argue it was lower than the legal limit when you were stopped, and you were not drunk driving on the road. You will in all likelihood need an expert to testify whether the breathalyzer level showed a rising or falling level, and the state will enlist its own expert to refute yours. In some states, though, a refusal can be presented as evidence against you in court. And in every state, you can still be convicted of drunk driving on other grounds. Give permission for a search of your trunk or car interior if the police have no probable cause to conduct the search.