6 Things That Help Get Unfair DUI Charges Dismissed

by Daryl J. Walker on Jul. 19, 2018

Criminal 

Summary: A DUI arrest may seem like an impossible thing to overcome, but there are reasons to have some hope. Not every traffic stop, test or charge is unbeatable.


A DUI arrest may seem like an impossible thing to overcome, but there are reasons to have some hope. Not every traffic stop, test or charge is unbeatable. In many instances, the charges are dropped because of common mistakes that law enforcement officers make. Here is just a small sample of the many ways lawyers help their clients to beat unfair DUI charges and avoid the complications they cause. 

Possible Radio Interference

Blood alcohol levels are obtained through Breathalyzer tests that calculate the amount of alcohol in a person’s system by determining the level of infrared light that is absorbed during the test. Higher absorption rates mean that more alcohol was in the sample. However, sometimes the detector could provide false readings due to interference from police radios, cell phones or other electronic signals. 

Complications from Illness

False readings during a DUI stop could be medically related. Common conditions like heartburn, GERD and acid reflux or even diabetes can produce false results. Some types of diet plans could also be to blame. High protein and low carb diets, like paleo or Atkins, cause the body to produce high levels of ketones that some breath testing devices could misread as alcohol. 

Poor Arrest Procedures

Every citizen has specific rights that must be respected. A common mistake is an officer not having probable cause for the stop. The driver must have appeared to be intoxicated or failed roadside sobriety testing before a BAC test is administered. The officer cannot force the driver to answer questions and must inform them of their Miranda Rights if they are arrested.

Faulty Tests Used

Any test is only as accurate as the person performing the test. Even with adequate training, there is the opportunity for many mistakes. Drug testing equipment can to be expired and provide a false result. The mishandling of blood samples or improper storage of equipment used to collect the sample could also call into question the accuracy of any result. 

No Test Given

There should be a lot of suspicion of the validity of the charge if a breath test or blood alcohol test was not given. There are many reasons people may "look" intoxicated. Allergies can cause tiredness and bloodshot eyes. Medical conditions may cause people to slur their words or have an unsteady gait. A mechanical malfunction could be the cause of poor driving. 

Test Given Late

Some drivers may think a delay in testing will help, but it could harm their case. Blood alcohol levels take as long as an hour to reach their peak after someone stops drinking. This means a driver may have been under the limit while they were driving, but over the limit by the time the test was performed. Make a note of the time of the stop and when the test was given. 

It is not uncommon for people to feel guilty if they are stopped after consuming alcohol. However, the driver is not breaking the law as long as there are no open containers in the vehicle. All adults at or above the legal drinking age have the right to drive after imbibing if they are not intoxicated. Avoid confessing or agreeing to anything because of a guilty conscience.

At the Daryl J. Walker Law Firm, we meet with many people whose lives, careers and families are at risk due to an unfair DUI charge. Our investigations into these cases often make it possible to have the charges dismissed. You should get help as soon as possible after a experiencing a DUI charge to increase your chances of a favorable outcome. Contact us for a consultation to discuss the details of your case.

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