Although you know that drinking and driving is not a smart decision, you still got behind the wheel and drove while intoxicated. You were rightfully pulled over, but you don’t want to face time in jail or penalties for your actions. You thought your blood alcohol concentration (BAC) was low enough to drive, and you were able to perform the roadside sobriety tests accurately. The only problem is that you blew a .08 percent on the Breathalyzer.

Fortunately, there are some things you can do to defend yourself, even if you knowingly got behind the wheel after a few drinks. To start with, if you felt fine and could perform the roadside sobriety tests without failing, it’s worth asking if the Breathalyzer was calibrated correctly or if the test was given accurately. If you burped or had just had a drink a few minutes before getting pulled over, it’s possible that your BAC came back higher than it was in reality.

Another thing you could defend yourself with is necessity. If you had to drive to avoid a greater evil, then the court may side with you. For instance, if your friend fell ill while you were out drinking and you had to rush him or her to the hospital, that could be enough to prove necessity.

You may also be able to avoid penalties if you can show that evidence has been lost or if you can show that you were stopped improperly. If an officer stops you because he or she saw you leave the bar, that’s not a good reason. The officer needs probable cause before he or she can stop you and test your BAC. Our site has more on what to do if you’re stopped without probable cause.