It is crucial that everyone is aware of the most frequent justifications for dropping a DUI charge. Let’s look
There has been a significant push in recent years for police officers and law enforcement agencies to strengthen their enforcement of DUIs because it is a major problem across the nation. For those who don’t know, intoxication is defined as having a blood alcohol content (BAC) above 0.08. Although it is crucial that this rule is upheld, overzealous police officers may potentially violate a person’s rights.
Innocent people can end up facing DUI charges as a result of this. This is a significant charge that might completely change the person’s personal and professional circumstances.
A Police Officer Who Conducted an Invalid Stop
To be charged with a DUI, a person must first be stopped by a police officer, but the officer must have a good basis for doing so. To stop a car, the police must have a valid suspicion. The officer must be able to articulate to the judge the rationale behind the initial traffic stop. Therefore, it is crucial for a lawyer to review the case and determine why the police opted to pull someone over if they have been charged with a DUI charge. There can be a spurious justification for the dismissal.
An Ineffective Field Sobriety Test
The police may also employ a breathalyzer as a tool. This device is made to measure someone’s blood alcohol content using their breath. On the other hand, the test’s accuracy depends on the output of the machine. Sometimes the machine’s calibration is out of date. This indicates that the machine’s output is not dependable. The test is invalid if the BAC reading on the device is unreliable. This can result in the dismissal of a case. A lawyer is skilled at inspecting the device and making sure it is being cared for properly.
Chemical Test Results
Whether you took a blood, breath, or urine test, you may be able to challenge the accuracy of your results. One of the key areas your attorney may be able to contest is whether the Breathalyzer was properly maintained and calibrated. With regard to a blood draw, was the paramedic trained and was the draw administered properly? Your lawyer may also be able to question if the blood sample was contaminated or stored improperly, thus leading to an inaccurate result.
These are just a few of the possible ways that your blood or breath alcohol results (BAC) can be either thrown out (and your DUI charge dismissed) or at least called into question, thereby weakening the prosecution’s case against you.
You Weren’t Driving
While this defense is less technical and more fact-specific, there are situations where the prosecution may not be able to prove “beyond a reasonable doubt” that you were the driver. We typically see this argument made when the police arrive at the scene of a solo vehicle accident, and no one sees who was driving, and there are passengers in the car. It also helps if the defendant did not make any admissions of driving and the car isn’t registered to him or her. This defense can also be viable if law enforcement finds an intoxicated person in a parked vehicle.
Again, the question becomes “who was driving,” but can extend beyond to “when was the person driving?” Was he or she under the influence at the time of driving or can the time of driving not be determined? The burden is on the prosecutor to prove you were the driver and were intoxicated at the time of driving.
To Dismiss a DUI Charge, A Proven DUI Defense Is Required
Being detained is traumatic, and a DUI conviction can have a lasting effect on a person’s life. Everyone has the right to the best possible defense. An experienced attorney is aware of the state’s strategy for handling a DUI charge. As a result, a lawyer is also skilled in client defense is an absolute necessity to protect your rights and lessen penalties and negative consequences.
If you want your best chance of getting your DUI charge dismissed anywhere in the DFW metroplex, contact Ray Hindieh at 214.960.1458 for a free, confidential case review. Ray Hindieh was a Dallas District attorney for years; He knows the system and is very effective in getting DUIs dismissed and has a successful track record of obtaining DUI charge dismissals.
At 214 Release: Hindieh Law, PLLC, our criminal defense attorney is highly knowledgeable and experienced with all aspects of criminal law. Hindieh Law defends its primarily Hispanic and Latino clients against drug charges, violent crime charges, alcohol violations, protective order violations, and all other misdemeanor and felony charges, including crimmigration.
Contact us right now at Call 214.960.1458 for a free consultation.