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DUI Defense: Top Signs That a DUI Case Is Weak

DUI Defense: Top Signs That a DUI Case Is Weak

Some may tell you that getting DUI charges dismissed is nearly impossible. Talk to a DUI lawyer first. Learn about the signs that a DUI case is weak here.

DUIs make up about one in ten arrests in the country. This means that every year, millions of people face the serious consequences of a DUI charge. However, not everyone who is arrested for DUI is guilty or deserves the harsh penalties.

There are many ways to fight a DUI charge and challenge the evidence against you. In some cases, you may be able to get your charges reduced or dismissed altogether. This is especially true if your case is weak.

Keep reading to discover the top signs that a DUI case is weak and how a skilled attorney can help.

Unlawful Traffic Stop

One of the main reasons for a weak DUI case is an unlawful traffic stop. The police need to have a valid reason to pull you over, such as a traffic violation, a broken tail light, or a tip from a reliable source. They cannot stop you based on a hunch, a stereotype, or a random selection.

If the police lacked reasonable suspicion to pull you over in the first place, the validity of the entire DUI case could be called into question. Your criminal defense attorney can file a motion to suppress any evidence obtained from the stop. This may include your blood alcohol content (BAC) or your performance on the field sobriety test (FST).

Police do occasionally make mistakes and conduct traffic stops without solid justification. That’s why it’s critical to examine the events leading up to the arrest. Just because you were pulled over doesn’t automatically mean the stop will be deemed legal and constitutional.

Unreliable Field Test

The results of a field sobriety test can often be unreliable in DUI cases. The FST is a series of physical and mental exercises that are supposed to measure your impairment level. However, these tests aren’t always accurate or even scientific.

They’re often subjective and prone to error. Moreover, they can be influenced by other factors other than alcohol or drugs. This includes fatigue, illness, injury, medication, and weather.

The FST exercises haven’t been scientifically validated to measure intoxication. They simply help officers estimate your balance, coordination, and mental focus while you perform unfamiliar and awkward tasks in a high-pressure situation. As such, it’s easy for the tests to produce false tests, even when you’re sober.

If your DUI attorney can show that the FST was unreliable or there were other reasons for poor performance, they can cast doubt on the results. This creates a major vulnerability that lawyers can exploit.

Inaccurate Breathalyzer Results

The breathalyzer is used to measure your blood alcohol content (BAC) by analyzing your breath sample. In most states, the legal limit for BAC is 0.08%. If your BAC was below this level at the time of driving, you may not be guilty of per se impairment. However, even if your BAC was above the legal limit, you may still have grounds to challenge it if there were errors or flaws in the testing procedure or equipment.

This is because the breathalyzer is also not foolproof. It can malfunction and give false readings. The results can also be affected by external factors like gum, tobacco, mouthwash, and medication.

For the device to provide accurate readings, proper calibrations, maintenance, and training are essential. Any minor errors or deviations from the operating protocol can render the results unreliable. The defense may be able to call the accuracy of the breathability into doubt and undermine the case against you if any of the above conditions aren’t met.

Mishandled Blood Test

While blood tests are considered the most accurate way to measure BAC, even this evidence can be challenged in DUI cases. They can be compromised if the blood sample is not collected, stored, transported, or analyzed properly. Any errors or irregularities in the chain of custody or testing procedures can help strengthen your defense.

They provide an opportunity to question the integrity of the blood test. Your lawyer may be able to get the results excluded if the blood sample was mishandled, exposed to heat, and not preserved properly. The same is true if the sample was tested by an unqualified technician.

Inaccuracies can also arise from the type of testing equipment used, calibration issues, or human error in reading the results. Even a small misstep in drawing, handling, or analyzing the blood can render the results inadmissible as evidence. An experienced DUI lawyer knows how to identify and expose any vulnerabilities in the blood testing process.

Mistakes in Police Procedure

Police officers must follow strict protocols and procedures when conducting a DUI arrest. Failure to do so undermines the legitimacy of any evidence collected and the charges against you. This can provide grounds to suppress evidence or have the case dismissed.

For example, officers must properly advise drivers of their rights during a DUI stop. This includes the right to refuse certain tests. If they fail to provide the required warnings, your lawyer may be able to get breath or blood test results excluded.

If they do decide to arrest you, police officers must inform you of your Miranda rights. These rights include the right to remain silent and the right to have an attorney present during interrogation. Failing to read you your rights or coercing you into waiving them makes it easy for your defense attorney to get any statements you make after an arrest suppressed as evidence.

Other improper procedures during the arrest itself could also be grounds for dismissal. This includes the use of excessive force and unnecessarily prolonging the detention.

Signs That a DUI Case Is Weak: Let an Experienced DUI Attorney Help

If any of these signs that a DUI case is weak apply to you, there’s a strong chance of beating your DUI charge or getting it reduced to a lesser offense. However, every case is different and requires a careful analysis of the facts and the law.

That’s where Heartland Law Office PC comes in. Our team of dedicated DUI lawyers knows how to get the best possible outcomes for our clients. We’ll work tirelessly to review your case, identify the best defenses, and protect your rights.

Don’t wait – request a virtual case evaluation to discuss your DUI case.