DUI arrests are often traumatizing. Our clients are always relieved when we are able to get their DUI dismissed. If you are facing a DUI charge, it is important to seek legal counsel right away. An experienced DUI Lawyer can help you build a strong defense and may be able to get your DUI case dismissed.
If you have DUI charges against you, it is important to remember that you are not alone. There are millions of people who have faced a DUI arrest each year, and many of them are able to get a DUI dismissed and avoid license suspension at the DMV hearing. A free consultation with an experienced DUI attorney with a record of getting DUI cases dismissed can prove to be invaluable.
Avoid a criminal record and jail time by consulting with driving while impaired experts. Remember, the prosecution must prove your guilt beyond a reasonable doubt. Even if you failed field sobriety tests or the blood test, don’t plead guilty or accept a plea bargain before you have consulted with a good DUI lawyer who has dismissed DUI cases to his credit.
Common Reasons For Getting DUI Charges Dropped
Failure To prove Probable Cause For Arresting You
In order to make a DUI arrest, the police officer must have probable cause. Probable cause is a legal standard that requires law enforcement officers to have a reasonable belief that they have committed a traffic violation. This means police officers must have more than just a reasonable suspicion that they are guilty of driving under the influence in DUI cases.
If you are arrested for a DUI charge and the arresting officer cannot demonstrate probable cause, you should contact an experienced criminal defense attorney right away. An attorney can review the facts of your case and determine if there is any chance of getting the charges against you dropped.
Depending on the circumstances of your case, an attorney may be able to get the charges against you reduced or even dismissed; and stop the automatic license suspension that occurs in DUI cases. Most DUI attorneys offer a free consultation of your traffic stop and court case before initiating an attorney-client relationship.
During this free initial consultation, the lawyer will determine if there is enough evidence to support the arrest, and discuss ways to influence charges to get the case dropped and all charges dismissed. Protecting you from prosecution due to police mistakes and insufficient evidence will allow you to keep your driver’s license and avoid other penalties, even if you failed the field sobriety test.
Police Mistakes During Breathalyzer Test
In many cases, a police officer’s mistakes during breathalyzer testing can lead to a wrongful DUI conviction. For example, if the officer does not follow the correct procedure when administering the test, or if they do not properly calibrate the machine, then the results of the test may be inaccurate.
The accuracy of breathalyzer tests has been widely studied, and the results have shown that breathalyzers are effective at detecting blood alcohol levels. However, there is still some margin of error associated with these tests. The error rate for breathalyzers is typically less than 1%, meaning that 99% of test results are accurate. This means that if a person has a blood-alcohol level of .08, the breathalyzer will likely show a result of .08 or higher.
However, it is possible for the test to inaccurately detect a blood alcohol level that is lower than the actual level. In most cases, this type of error will not have a significant impact on the outcome of a case. However, it is important to be aware of the potential for error when considering whether to take a breathalyzer test by a drug recognition expert.
Failure To Prove You Were Driving A Vehicle While Intoxicated
Under DUI law, “actual physical control” means that the driver is in control of the vehicle. The driver doesn’t have to be driving the car to be considered in control; he or she can simply be sitting in the driver’s seat with the key in the ignition. This is why it’s important not to let anyone you don’t know to borrow your car, especially if they’ve been drinking. You could be held liable for their actions if they get pulled over and arrested for DUI.
There are a few exceptions to the “actual physical control” rule. If the driver is asleep or unconscious, he or she is not considered in control of the vehicle. And if the driver is incapacitated due to a medical emergency, he or she is also not considered in control of the vehicle. Additionally, if you are involved in a car accident and evidence suggests that you were driving under the influence, you may be charged with DUI even if you were not actually behind the wheel at the time of the crash.
DUI Checkpoint Police Mistakes
There are a number of ways that DUI checkpoints can go wrong. In some cases, police may stop motorists who are not actually drunk. This can lead to wrongful arrests and the violation of people’s rights.
Another potential issue with DUI checkpoints is the use of racial profiling. Police may target certain groups of drivers, such as minorities or members of the LGBTQ community, for suspicion of DUI even if they are not actually drunk. This can be incredibly harmful and unjust.
Finally, DUI checkpoints can also be inconvenient and frustrating for drivers. They may cause long delays and create traffic jams. This can make it difficult to get around town, especially during busy times like rush hour.
Despite these potential issues, DUI checkpoints remain a common tool for police officers in the fight against drunk driving. If you are stopped at a DUI checkpoint, it is important to remain calm and cooperate with the police. If you have been arrested or charged with DUI, it is important to speak to an attorney right away.
Medical Conditions & Diet
The popular “Keto Diet” produces Ketosis, which is a state in which the body produces ketones in the liver, which are then used as energy. There is some research that suggests that a keto diet can affect breathalyzer results. In one study, participants who were on a keto diet had higher blood alcohol levels after drinking the same amount of alcohol as those who weren’t on a keto diet. This could be because the body processes alcohol differently when it’s in ketosis.
Diabetes can also affect the breathalyzer results depending on the individual and the severity of their condition. However, in general, diabetics may produce slightly higher breath alcohol readings than non-diabetics, as the high blood sugar levels associated with the condition can lead to a build-up of ketones in the body. This means that if you are diabetic, it is important to politely inform the police officer of your medical condition as it may affect your breath alcohol reading if you are pulled over for a traffic stop.
Protect Yourself – Speak To A Lawyer
The consequences of a drunk driving conviction are profound. If you are facing DUI charges, get a free consultation with a DUI attorney, even if you feel there is sufficient evidence to support your arrest. This is especially true if the arrest is your first offense. DUI offenders should never agree to any plea bargaining deals offered by the prosecution before they initiate a free consultation with an experienced DUI lawyer.