Quite often when people are pulled over and charged with drunk driving they don't realize that they can fight the charges against them. Many Washington residents think that a blood alcohol test and an arrest by law enforcement results in a closed case. This is not always true. Many aspects of a blood test, Breathalyzer, a field sobriety test, and even the reason for being pulled over can be brought into question.
This is true with a woman who was pulled over for drunk driving in January. After a field sobriety test and a Breathalyzer, the 29-year-old was charged with a DUI. Her blood alcohol level had registered at .21, compared with the .08 limit for legal intoxication. It would have been easy for the woman to think that the mandatory penalties she faced would be unavoidable.
As it turns out, the fact that the defendant had a pierced tongue made the difference in this case. According to New Jersey law, where the incident took place, a person is required to take the blood alcohol test with no foreign materials in their mouth. Because of the tongue stud in her mouth, the blood alcohol reading was not considered and the charges against the woman were reduced.
The woman pleaded guilty to drunk driving and was charged a lower fine and a shorter license suspension than if the blood alcohol reading had been considered in the case. This is just one example of the importance of having an experienced DUI defense attorney on your side if you have been charged with drunk driving.
Source: Mount Olive Chronicle, "Tongue stud helps woman reduce drunk driving charge in Mount Olive," Phil Garber, April 30, 2012