Posted In Family Law, Legal Help
1. The Traffic Stop Was Illegal and Was Not Supported by Probable Cause
A police officer must have reasonable suspicion to pull a driver over. The officer must justify his/her action; hence, the traffic stop may be declared unconstitutional and the DUI charged may be dismissed.
2. The Arrest Was Illegal and Was Not Supported by Probable Cause
A police officer must have probable cause to arrest someone. If the police officer did not have sufficient evidence to merit probable cause, in that case the arrest may be declared unconstitutional. The drunk driving charge may be dismissed.
3. The Field Sobriety Tests Were Administered Improperly
Field sobriety tests are voluntary. If a police officer forced a driver to take these tests, the accused individual's Fourth Amendment rights may have been violated and the test results may be thrown out.
4. The Breath Test Was Administered Improperly or
the Equipment Was Faulty
If a police officer uses the machine improperly this should be tossed out. Additionally, mechanical issues may impact the accuracy of the results.
5. A Medical Issue or Some Other Factor Interfered
with the Blood Test
An enzymatic method is typically used for determining BAC in blood tests. However, this method may lead to inaccurately high readings that confuse serum alcohol, which may be produced by tissue trauma such as bruises, with ethyl alcohol. If there is reason to believe that such a factor interfered with the blood test, the results should be thrown out.
6. The Blood Test Was Administered Improperly or
the Equipment Was Faulty
Was an alcohol swab used on the draw site? Was the sample handled correctly during the testing process? Any issue that could interfere with the accuracy of the results could lead to the results being considered invalid.
7. A Medical Issue or Some Other Factor Interfered
with the Breath Test
Many everyday issues can lead to false positives on a breath test. If a person is running a fever when he or she takes the test, the results may also be skewed. An experienced lawyer will review the case to determine if any interfering factor was present and seek to have results thrown out.
8. The Accused Was Not Operating a Vehicle
Occasionally, a person will be charged with DUI even though he or she was only caught sitting or sleeping in the vehicle. If the police officer did not personally witness the individual driving while intoxicated, the case may be dismissed.
9. Jurisdictional Issues and Speedy Trial Issues
The location of the crime dictates which courts will hear the case and which police officers can conduct the arrest. In some cases, if a police officer makes a DUI arrest outside of his or her jurisdiction, it may be used as part of a defense strategy.
10. Diversion Programs
Many people accused of drunk driving do not know that there may be programs available, particularly for first offenders, that can lead to a positive outcome, even if the evidence is strong.We will guide you.