There are many mistakes that can lead drivers to be arrested for driving under the influence, when in fact, it is not actually the case. Sure, law enforcement officers are trained and experienced in locating and arresting DUI offenders.
However, personal bias, stress, and other factors often lead to errors. By answering the following questions, you are likely to find details that lead many suspects to seek legal help.
Did the officer lack probable cause?
Unlike popular opinion, probable cause is not a blanket term giving officers the right to make up details about why someone has been arrested. They, just like the suspect, are required to prove their findings in court. For example, an officer may claim that you were driving erratically or smelled of alcohol upon being stopped, but they must have corroborating evidence to support these claims
If you believe that the officer in your case lacked sufficient probable cause to pull you over or administer DUI testing of any sort, then you must hire a DUI lawyer to help you submit your findings in court.
Was your field sobriety test administered incorrectly?
The common stress of being pulled over in the first place has a huge impact on how DUI suspect interacts with officers. At that moment, you may forget that a bad knee or prior hip surgery makes field sobriety tests impossible to pass.
This is aside from the long list of instructions you are required to listen to, memorize, and carry out, even while nearby distractions. If you had trouble understanding the instructions, or forgot to inform the officers of your physical disabilities, the field sobriety tests in your case are likely to be tossed out by a judge in court.
Was the accuracy of the breathalyzer not confirmed following your arrest?
Many DUI suspects truly believe they are in no way inebriated. It could be that they have not had a drink, or at least very few of them, in the hours leading up to being pulled over by the police. This is when a DUI lawyer will suspect that the breathalyzer device in a case has not been properly maintained.
A device that has not been checked for accuracy every 10 days or after 150 uses is very likely to give inaccurate results. Uncharged batteries, radio frequency interference, and internal operating temperatures will also affect the results.
Did the officer fail to obtain a warrant prior to your blood draw?
Motorists aged 21 years and older are not required to take a breathalyzer or participate in field sobriety tests. When drivers exercise this right, the arresting officer is left with only one option. The suspect must be taken into custody and have a blood sample taken in order to determine his or her blood alcohol level.
What many drivers are unaware of is the fact that their blood cannot be drawn without a court order. Regardless of the time of day, officers must obtain a judge’s signature on a document that clearly outlines the reasons for the test.
Was the chain of custody in your blood draw broken?
In DUI cases, blood samples must be properly and thoroughly labeled and stored. Every step of the administration, collection, transportation, and storage of your drawn blood must be clearly documented in court.
At any point in which this chain of custody cannot be proven, there is a possibility of contamination. This contamination may not be provable, but a DUI lawyer will be able to use this fact to inject reasonable doubt into your case.
DUI attorneys exist because law enforcement officers, hospital staff, and breathalyzers are far from infallible. If you have been arrested for driving under the influence, consider how your arrest and subsequent tests were carried out. You may discover that seeking help from an experienced lawyer is your only chance of seeing true justice in your case.