A DUI charge is scary but it does not always stick. People charged with driving under the influence have beaten this charge and gone on to live normal lives. Though some evidence may be irrefutable, cases have been won based on legal technicalities. Determine whether one of these applies and then retain a reputable DUI attorney to fight the charge.
Errors on the DUI Police Report
The most common technicality regarding a DUI case may be surprising. It has nothing to do with errors made on the ticket, which serves as a summons. It has to do with the reason the driver was pulled over. A police officer must have a credible reason for the car stop and this action is often based more on suspicion than on observed facts.
Illegal DUI Stop
Circumstances surrounding the vehicle stop may be unclear, coincidental, or even untruthful. A car stop may be deemed illegal if the police officer did not observe erratic driving, a swerving vehicle, or a traffic violation. This holds true even if subsequent chemical testing revealed that the driver was intoxicated. If the police officer did not have reasonable suspicion of DUI, testing and other evidence may be thrown out by the court due to a Fourth Amendment violation.
Forced to Take Breath Test or Blood Draw
Alternatively, if a DUI suspect is forced to take a field sobriety test, breath test, or have blood drawn, a judge may exclude the results. Without this evidence, the DUI charge is likely to be dismissed. Any coercion by the officer should be mentioned to a DUI attorney because it could be critical to the case. In addition, a claim that the driver’s breath smelled of alcohol will not usually hold up in court because it is not proof of blood alcohol content or sufficient cause for arrest.
Violation of Rights
As with other charges, police officers must read individuals their Miranda Rights. These explain that the individual has the right to remain silent and the right to consult an attorney prior to issuing any statements. If the officer did not read these rights during the time of the arrest, the individual charged should be able to have the DUI dismissed.
Officer Cannot Attend the DUI Hearing
In some cases, fate deals the individual a winning hand. If the police officer is unable to attend the DUI hearing, the court may deny a continuance, meaning that the prosecution may not reschedule the hearing. The case will then be dismissed, wiping away the DUI charge. Talk to a DUI attorney recommended by DUIRights.com to learn more about how to win a DUI case based these and other technicalities.
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DUIRights Support is comprised of legal writers and attorneys who are able to generate useful information about issues relating to DUI. Please use all information at your own discretion and never use the information as legal advice without consulting with an attorney.
I have heard that police officers dont have to read you your miranda rights anymore….you get them read to you in court and that’s just as good…..at least that’s what the police officers, states attorneys and the judges say in Williston North Dakota
Yes that is correct. They technically only have to read your rights when being interrogated. More can be found here: What If My Miranda Rights Were Not Read During the DUI Arrest?
Being convicted of dwi 7 and was never read my rights. I have a public defender who claims that says that doesn’t matter. Please help.
Yes that is correct. More can be found here: What If My Miranda Rights Were Not Read During the DUI Arrest?