Driving under the influence (DUI) charges can have serious consequences, including hefty fines, license suspension, and even jail time. However, not all DUI charges are ironclad, and there are various grounds on which these charges can be dismissed. A reputable DUI lawyer such as Alan Pearse can defend you and ensure you obtain justice. Here are three common grounds that could lead to the dismissal of a DUI charge.
1. Lack of Probable Cause for the Traffic Stop
Law enforcement must have a valid reason to stop your vehicle. This is known as probable cause. If the officer who pulled you over did so without a legitimate reason, this can be a strong ground for dismissal.
Probable cause means that the officer must have observed a traffic violation or have reasonable suspicion that a crime is being committed. This could include erratic driving, broken tail lights, or speeding. If the officer cannot clearly articulate the reason for the stop, any evidence obtained during the stop, including the results of a breathalyzer test, may be deemed inadmissible in court.
Secondly, if you were stopped at a DUI checkpoint, the checkpoint itself must adhere to specific legal standards. The checkpoint must be publicly announced in advance and follow a predetermined procedure for stopping vehicles. If these standards are not met, the checkpoint may be considered unconstitutional, and any subsequent DUI charges could be dismissed.
2. Improper Administration of Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used by police officers to assess a driver’s impairment. However, these tests are not infallible and must be administered according to strict guidelines. Improper administration can be a solid ground for dismissal.
The National Highway Traffic Safety Administration (NHTSA) has established standardized procedures for conducting FSTs, which include the Horizontal Gaze Nystagmus (HGN) test, the Walk-and-Turn test, and the One-Leg Stand test. If the officer deviates from these procedures, the results of the tests may be deemed unreliable.
Various factors can affect the results of FSTs, including weather conditions, the surface on which the tests are conducted, and the physical condition of the driver. For instance, if the tests are conducted on uneven or slippery ground, or if you have a medical condition that affects your balance, the results may not accurately reflect your level of impairment.
The officer’s observations and conclusions can also be subjective. Video evidence can again be crucial here. If there is footage of the FSTs that contradicts the officer’s report, or if the officer failed to properly instruct you on how to perform the tests, your attorney can challenge the validity of the tests and argue for dismissal.
3. Inaccurate Breathalyzer Results
Breathalyzer tests are commonly used to measure blood alcohol content (BAC) and are often a key piece of evidence in DUI cases. However, these devices are not foolproof and can produce inaccurate results under certain conditions, providing another ground for dismissal.
Breathalyzers must be properly maintained and calibrated. If there is no record of regular maintenance or calibration, or if the device was malfunctioning at the time of your test, the results may be unreliable. Your attorney can request maintenance logs and calibration records to verify the device’s accuracy.
Also, certain medical conditions and medications can affect breathalyzer results. For example, conditions like gastroesophageal reflux disease (GERD) or the presence of mouth alcohol from recent dental work can lead to falsely elevated BAC readings. Your attorney can present medical evidence to challenge the accuracy of the breathalyzer results.
The Bottom Line
While DUI charges are serious, they are not always insurmountable. If you find yourself facing a DUI charge, an experienced attorney can get your case dismissed through these defenses.
