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Can a police error beat my DUI charges?

On Behalf of | Apr 25, 2022 | DUI/DWI

When facing DUI charges, it can feel like there is no way to defend yourself. While you may feel like pleading guilty is the best way to avoid or reduce the consequences of a conviction, you may want to consider defending yourself by going after the arresting officer’s actions. There are many mistakes that an officer can make that can help you beat your charges, including:

Questionable testing methods

One of the most common ways officers test drivers for intoxication are field sobriety tests. While tests like making a driver walk a straight line, recite the alphabet in reverse or touch their nose are typical tests, they are not always accurate. These tests cannot account for a driver’s disabilities or other factors that may keep them from performing these tests properly. If an officer only has these tests as “proof” of intoxication, they may not have enough to convict you.

Insufficient evidence

Even if officers manage to collect reliable evidence, it needs to remain intact until the trial. Suppose any collected blood samples or breathalyzer results appear to be tampered with or go missing. In that case, it could leave the prosecution without any evidence to uphold the claim that you were driving under the influence.

Improper traffic stop

No matter what police arrest you for at a traffic stop, the reason for the stop can affect the results of your case. For police to conduct a legal traffic stop, they need to have probable cause, which is the legal authority to pull you over. This means that instead of blindly pulling you over and conducting a traffic stop, there needs to be a viable reason for the traffic stop, such as a broken taillight or erratic driving. Without probable cause, your DUI charges may not hold up in court.

Let a lawyer review your case

Before you accept a plea deal with police officers, consult with an experienced personal injury attorney. There is any number of police mistakes that can convince a judge to drop your case and let you walk free. When the outcome of your DUI case can impact the next few years of your life or more, make sure you are looking after your best interests.