(Newswire.net — January 21, 2020) —
Over the past few decades, there has been an increased push to crack down on driving under the influence. While this attention has made the roads safer, it also has the potential to ensnare people who haven’t done anything wrong. When someone is facing a DUI charge, this can be a stressful experience. Fortunately, Nick Wooldridge from LV Criminal Defense knows about the common reasons why a DUI charge is either dismissed or invalidated.
First, someone is guilty of driving under the influence (DUI) if their blood alcohol concentration is greater than 0.08. There are multiple ways that this level can be tested. Sometimes, it’s a breathalyzer test. In other cases, someone might have their blood drawn. Regardless, what happens if the machine that measures the blood alcohol concentration value isn’t calibrated properly? This would make the results unreliable. This is one of the most common reasons why a DUI charge is dismissed. It is important to make sure the machine has been maintained and calibrated properly. Otherwise, it will result in spurious values.
Next, another reason why a DUI charge might be dismissed is that the test was not administered in a reasonable timeframe. The goal of the test is to see what someone’s blood alcohol concentration was during the time they were behind the wheel of the car. If law enforcement waits too long to administer these tests, then the results do not accurately reflect the state of mind of the individual while that person was behind the wheel. If the tests weren’t administered quickly or properly, then the charge might be dismissed.
Finally, the police need to have a valid reason for stopping and searching the vehicle. In many cases, this decision is subjective on the part of the officer. This is referred to as probable cause. If the police did not have probable cause to pull over the vehicle, then the charge can be dismissed. Furthermore, the police also need to have probable cause to search the vehicle, such as an open container or visible drug paraphernalia. If the police did not have probable cause to search the vehicle, then the charge might be dismissed. It is important for everyone to know their rights under the law, particularly as it pertains to a potential DUI charge.
These are only a few of the common reasons why a DUI charge might be dismissed. Every case is different and it is critical for anyone facing a DUI charge to make sure their situation is reviewed by an experienced criminal defense attorney. A DUI conviction can have tremendous ramifications for someone’s career, ability to drive, and could even result in prison time. A trained lawyer knows how to guide someone through this process and might be able to help someone lessen the punishment or get the case dismissed completely.