Posted on: 17 October 2022Share
Being arrested for driving under the influence (DUI) of an intoxicating substance is a serious charge. Many people believe that it is impossible to get the charge dismissed or overturned after they have been arrested. The truth of the matter is that while the dismissal of DUI charges isn't an everyday occurrence, it is possible in a variety of cases, and can be accomplished with expert legal assistance. Take a look below for just three of the most common ways DUI defense lawyers help their clients get a DUI charge dismissed.
There Was No Probable Cause
In their report of the incident, the arresting officer is required to detail the probable cause that led to the arrest. In many DUI cases, an officer may have noticed the driver drifting between lanes or erratically accelerating and decelerating. Yet if your arresting officer cannot present sufficient evidence for there being probable cause to pull you over, then it is possible to have the DUI charge itself overturned. A DUI lawyer has the legal expertise necessary to evaluate the arresting officer's reports, review relevant dashcam footage, and work with you to show that, in your case, probable cause did not exist.
The Breathalyzer Test Produced A False Positive
Even if an officer did have probable cause to pull you over, that alone is not enough to establish that you were driving while intoxicated. In order to do that, most officers will request that you submit to a breathalyzer test, which aims to measure your blood alcohol content (BAC) via your exhaled breath. While breathalyzers can be reliable tools much of the time, they are also prone to malfunction. They may also return inaccurate BAC readings due to the recent use of mouthwash or cold medicine, or due to medical conditions such as acid reflux. A faulty breathalyzer reading can be hard to prove in court on your own, but is a routine procedure for a DUI defense lawyer.
While not as common as a faulty breathalyzer test, officer misconduct is yet another reason your DUI lawyer can have charges against you dismissed. The arresting officer may have mishandled evidence, or deliberately offered a misleading account of the arrest in their report. If you believe you were the victim of officer misconduct, contact a DUI defense attorney as soon as possible in order to get your charge dismissed.
Contact a local law firm, such as the Law Offices of Jonathan Steele, to learn more.