Do you believe you may have been wrongly charged with a DUI? While we don’t condone drinking and driving, there are ways you may be able to dispute the charge. Police officers and their equipment can make mistakes and unfairly charge you for a DUI. A good lawyer can assess your case and find any mishaps that may have occurred from human error or faulty equipment to help you beat your DUI charge. Here are 3 ways it may be disputed.
- Lack of Probable Cause
If you believe the arresting officer did not have reasonable suspicion to pull you over and test you for intoxication, there may have been a lack of probable cause. Unless you were swerving or drifting around the road, speeding or driving too slow, making illegal turns/stops, not using your indicator or following too closely, the police officer would not have had reason to pull you over. If an illegal stop that resulted in a DUI arrest happens, evidence that is collected during that investigation may not be admissible.
- Faulty Field Sobriety Tests
Many field sobriety test are not very efficient; things like closing your eyes to touch your nose, reciting the alphabet backwards, standing on one foot, or walking in a perfectly straight line, are not that easy to do even while sober. And people who are naturally clumsy will have an even harder time. You may be able to reduce the evidence against you if the arresting officer had you perform these tests and arrested you on suspicion of DUI due to the results of these tests.
- Improper Breathalyzer Tests
Many breathalyzers do not deliver accurate readings, which could be due to a whole slew of factors. There may have been improper calibration or equipment failure, as well as user error on the officer’s handling. Breathalyzers also cannot tell the difference between different kinds of alcohol, such as certain types of mouthwash or food that contain alcohol. There are also medical conditions such as acid reflux, GERD, or ketosis that can cause a test to be inaccurate.
If you have been charged with a DUI which you believe may not be fair or accurate, contact a Bloomington DUI lawyer, Pioletti Pioletti & Nichols to discuss your case and your rights. Feel free to fill out a quick contact form here or call us at 309-467-3213 for a free case review.