(Newswire.net — April 28, 2022) — The prosecution of DUI cases involves specific legal procedures, and the investigation is highly technical. The law enforcement officers must follow set legal requirements for the examination results to be considered valid.
Police officers often take notes during the investigations to ensure they have a strong case against you. However, even the slightest error can help get your DUI case dismissed.
Common Strategies to Get a DUI Case Dismissed
Even if you have been arrested for DUI, this does not mean that pleading guilty in a court of law is your only option. Here are some common defense strategies that a DUI attorney in Los Angeles can use to defend your case.
Unreasonable Traffic Stop
A police officer must have reasonable suspicion that you have committed a traffic violation or a crime to pull you over. Reasonable suspicion can range from minor to serious traffic violations such as:
- Weaving
- Speeding
- Running a traffic light
- Erratic driving
- A mechanical violation on your car like a broken taillight
If you were driving within the legal limits and the police officer still pulled you over, your lawyer can fight that in court because there is no probable cause for your arrest.
Challenging the Sobriety Test
In most cases, police officers use up to three sobriety tests to determine if you are too impaired to drive. Unfortunately, these tests are not always 100% accurate.
Therefore, your attorney can challenge the DUI case based on the validity of field sobriety tests in some of the following ways:
- Did the driver have improper shoes like sandals and high heels?
- Were the tests carried out on the uneven pavement or in poorly lit conditions?
- Did the police officer explain the sobriety test instructions?
Your attorney can also challenge the HGN test because other reasons can lead to involuntary eye movements, such as specific medications or a medical condition.
Violating the Breath Test Procedure
Law enforcement officers mostly use breathalyzers to test the alcohol level of drivers. Unfortunately, these devices are also known to be inaccurate. If an officer fails to follow the precise procedure while using a breathalyzer, a legal expert can challenge the results in a court of law.
For instance, a police officer should wait for about 15 minutes before using a breathalyzer to take a breath sample. If they fail to follow this procedure, the results can be inaccurate, and your DUI attorney can get the test thrown out.
Note that breathalyzers can measure substances that remain in your mouth, such as medication or mouthwash, leading to inaccurate outcomes. Also, some medical conditions like diabetes or ketogenic diets can lead to false readings in a breathalyzer.
Taking Blood Tests Incorrectly
When a police officer pulls you over for drunk driving, they will ask for your blood or breath sample. In the case of a blood test, the officer should have a warrant, or you can simply allow them to do the test. If the police officer fails to take the blood properly and injures a driver, a lawyer can forward a motion to suppress in your favor.
Not Legally Drunk
For a police officer to arrest you for driving under the influence, you must be over the legal limit. Note that the law in the United States prohibits you from driving with a blood-alcohol level of 0.08% or higher. If there were no alcohol tests that showed you were over the acceptable limit, your DUI attorney could dismiss the case.
Do You Need an Attorney to Beat a DUI Case?
If you want to dismiss a DUI case, you will need to hire a skilled DUI attorney to assess your case and develop strategies to dispute any evidence by police officers. An experienced and knowledgeable legal expert can spot possible errors in an officer’s report or other possibilities of getting your case dismissed, as discussed above.
Leland D. Bengtson
As a journalist, Leland D. Bengtson dedicated most of his career to law reporting. He aims to draw in the public and make people more interested in the field. He is active on multiple platforms to increase his outreach to the public. Leland tirelessly covers all types of legal issues, but he has a personal preference for medical malpractice. This is mainly because he witnessed the implications of medical malpractice on a family member.