4 Reasons Your DUI/DWI Case May Not Be Open & Shut
Many people don’t fight DUI/DWI charges. They plead guilty. Sometimes they take a deal.
They often do this because they think there’s no way out. They got caught. The police must know what they’re doing.
But the truth is most DUI/DWI cases are less black and white than people think.
#1) The Field Sobriety Test isn’t accurate.
The National Highway Traffic Safety Administration wants you to believe the test is foolproof.
In reality, you can fail this test because you’re nervous. Because you misunderstand the instructions. Because you have a knee injury.
And half the time officers don’t even administer the test correctly.
We’re often able to prove the test results were no good. Or that drugs and alcohol had nothing to do with the results.
When we do so, you can win an acquittal. In some cases, prosecutors will even dismiss the test.
#2) Breathalyzer tests aren’t accurate, either.
Sometimes the machines get miscalibrated.
Sometimes they turn up false positives for other reasons. Like eating a keto diet, for instance.
The media trains us to treat these tests like gospel. You might even believe you’re guilty, even if you aren’t.
We can pinpoint reasons for false positives. This, in turn, helps us defend your case.
#3) Police can arrest you for DUI/DWI even if you’re sober.
Not even, “I had one drink two hours ago and am well under the legal limit sober.” Stone cold sober.
You could pass every test and police could still decide to arrest you so they can perform a blood test. They may decide you “look drunk” or “smell like pot” or have bloodshot eyes and so must be creating false negatives.
Sometimes, it’s hard to keep a cop from arresting you after they’ve made snap decisions about you.
#4) The police failed to do their duty.
The cops may have stopped you without probable cause. They may have ignored evidence you really are sober.
Perhaps they mishandled the evidence Maybe they even lied. Or failed to read the Miranda warning.
Any failure on the part of the police can get your case dismissed. They make mistakes more often than you think.
And even if you’re guilty, you deserve to take advantage of them. That’s how our legal system works. Rest assured if you get sent to jail there are judges and prosecutors who will use the same technicalities to keep you there.
A strong criminal defense can keep you from losing everything to a DWI/DUI charge. And having a private attorney who specializes in traffic charges as well as criminal defense law can make all the difference.
Contact Scott Russell Law to set up a free consultation today.