Sometimes DUI charges are not cut-and-dry situations, especially when the facts of the case are disputed. A driver may choose to fight a DUI charge on the grounds that he or she was not actually intoxicated when pulled over.

A Pennsylvania representative may have a drunk driving charge against her dropped after a judge determined that the two arresting police officers were not credible. The case came down to whether the state Rep.'s account was credible or whether the Philadelphia officers' recollection was credible.

According to the two police officers, they observed the state Rep. driving the wrong way down the street. When they pulled her over, she allegedly smelled like alcohol and showed signs of intoxication, including slow speech and glassy eyes. The two officers also claim that the state Rep. failed a breath test; results showed a BAC level twice the legal limit.

But the state Rep. maintains that she was not intoxicated behind the wheel. Though she admits to having one drink earlier in the night, she had not been drunk nor had she been going the wrong way.

The judge recently announced the conclusion that the state Rep.'s recount was more credible than the police officers. Why? According to the judge, one of the police officers gave conflicting testimony. At first, the officer stated that the state Rep. had been driving on the road alone; later the officer said that was not the case.

The issue of credibility also raised some eyebrows surrounding the police officer's DUI arrest records. Apparently though this police officer has made more than 200 DUI arrests while in law enforcement, only a portion of those drivers were found actually legally intoxicated.

Was the woman intoxicated at the time the officers pulled her over? Or was the police officer's recount of the incident not credible? The judge sided with the state Rep., determining that the officer's report was not credible. If there is no appeal, the charge against the state Rep. will be dropped.

Source: Philadelphia Inquirer: "Judge tosses evidence in Rep. Parker's DUI case," Mensah M. Dean, Nov. 1, 2011