Law Firm of Scott T. Moorey

Common reasons courts use to dismiss DUIs

Many DUI cases end up cut and dry. No one is immune from the consequences of operating a vehicle while under the influence, including a Fire Rescue division chief. In October of 2019, one such division chief had to resign due to a DUI arrest where he went to jail and refused a breath test. 

After a DUI arrest, you need to start building a defense to avoid a conviction, which could lead to substantial fines and jail time. In some cases, the police will have a solid case. You need to fight back and look for any of the following, which can help poke holes into the police officer's story. 

Police did not stop you on a legal basis

The police cannot pull you over to see if you are under the influence. Police need a reason, such as seeing you swerve between lanes. The only exception to this is if the police set up a roadblock to stop all vehicles that came down a certain road. This is why it is paramount for the police to tell you why they pulled you over. If you did not receive that information, then it can work to your advantage later. 

Police improperly administered a BAC test

Breathalyzer tests commonly come into play when police suspect intoxication. However, these devices are not infallible. Officers need to make sure they calibrate devices properly after every use, and other facts could result in a false positive. You should bring evidence of mishandling to the court.

Police did not have sufficient evidence to arrest you

Before the police can take you to the station to administer a blood or urine test, there must be probable cause. You must display the signs of alcohol intoxication, which may not always be present. During the hearing, it is possible to get the officer to admit he or she did not have probable cause at the scene, which can lead to the dropping of all charges. 

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