Facing DUI charges can be intimidating, but not every DUI case leads to a conviction. In fact, DUI charges are sometimes dismissed if there are procedural errors, lack of evidence, or violations of a defendant’s rights. A skilled DUI lawyer can identify weaknesses in the case and challenge the prosecution, increasing the chances of dismissal. Here are some of the most common reasons DUI charges get dismissed and how these factors might affect a case.
- Lack of Reasonable Suspicion for the Traffic Stop
In the U.S., law enforcement must have reasonable suspicion to pull over a driver. This means the officer must observe specific behaviors or violations—such as swerving, speeding, or running a red light—that indicate a possible DUI. If the officer stopped the driver without a valid reason, any evidence gathered after the stop may be considered inadmissible.
For Example: A driver is pulled over that has not been speeding, has not swerved over the line, and gives no other apparent reason for the stop, and the officer performs a sobriety test that results in a DUI charge. A defense attorney will argue that because there was a lack of reasonable suspicion it renders the stop unlawful, leading to the dismissal of the case.
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Improper Administration of Field Sobriety Tests
Field sobriety tests (FSTs) are often conducted to assess a driver’s coordination and mental faculties. However, these tests must be administered according to strict protocols set by the National Highway Traffic Safety Administration (NHTSA). If officers deviate from these guidelines, the results may be inaccurate and unreliable.
For Example: If an officer instructs a driver to perform the ‘walk-and-turn’ test on uneven ground or without clear instructions, the test results may be skewed. A defense attorney can argue that the improperly conducted test is unreliable, possibly leading to a case dismissal.
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Inaccurate Breathalyzer Results
Breathalyzers are common tools used to measure Blood Alcohol Content (BAC), but they’re not infallible. Numerous factors can impact the accuracy of a breathalyzer reading, including device calibration, maintenance, and operator training. If the breathalyzer was not properly calibrated or maintained, or if the officer did not follow proper procedures, the results could be thrown out.
For Example: A breathalyzer typically needs to be calibrated every 30-90 days. If it has been 100 days since the breathalyzer used in a traffic stop was calibrated, it may provide inaccurate BAC readings. If a DUI defense attorney can prove that the breathalyzer was unreliable, the court may dismiss the DUI charge due to lack of credible evidence.
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Violation of Miranda Rights
After an arrest, officers are required to inform the suspect of their Miranda rights, which include the right to remain silent and the right to an attorney. If an officer fails to do so and continues to question the suspect, any statements made after the arrest may be excluded from the evidence.
For Example: If a driver is arrested and questioned about their drinking without being read their Miranda rights, a defense attorney may argue that any admissions or statements should be suppressed. Without this evidence, the prosecution’s case may weaken, leading to a dismissal.
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Improper Handling or Storage of Blood Test Samples
In some cases, law enforcement will use blood tests to determine BAC. These tests are often seen as more reliable than breathalyzers, but they still have strict procedures. Improper handling, labeling errors, or contamination during storage can compromise the validity of blood test results.
For Example: If a blood sample was stored improperly at the wrong temperature, it can lead to fermentation and artificially high BAC levels in the blood. A defense attorney can argue that the evidence has been compromised, and a judge may rule the evidence inadmissible, potentially resulting in a dismissal.
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Faulty Dashcam or Body Camera Footage
With advancements in technology, most DUI stops and arrests are now recorded on dashcams or body cameras. These can serve as a crucial record of the incident, but if the footage is missing, incomplete, or damaged, it can cast doubt on the officer’s account of the events, weakening the prosecution’s case.
For Example: If the dashcam footage shows a different version of events than the officer’s report, a defense attorney could use this inconsistency to question the officer’s credibility. Without clear evidence, the prosecution may have to drop the case.
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Medical Conditions Misinterpreted as Intoxication
Certain medical conditions and medications can produce symptoms that resemble intoxication, such as slurred speech, lack of coordination, or unusual eye movements. Conditions like diabetes, hypoglycemia, or neurological disorders can mimic the signs of alcohol impairment, leading to a wrongful DUI charge.
For Example: A person with diabetes experiencing low blood sugar might appear disoriented and slur their words. A knowledgeable DUI attorney could argue that the driver’s condition was misinterpreted as intoxication, leading to a possible dismissal.
DUI Charges Require Careful Examination of Evidence
While DUI charges are serious, they can sometimes be dismissed when the prosecution’s case is weak or evidence is improperly gathered. There are many reasons a DUI case could end up dismissed, including lack of reasonable suspicion, procedural errors in administering tests, and mishandling of evidence. A skilled DUI defense attorney can identify these issues, challenge the prosecution’s case, and increase the chances of a favorable outcome. If you’re facing DUI charges, it’s essential to consult with an experienced DUI attorney to evaluate your options and build a strong defense.
