Improper Arrest, Testing Among Reasons DUI Cases Are Dropped
By Jim Greene
Published on April 28, 2010
Not everyone who is arrested on suspicion of driving under the influence (DUI) is convicted, or even prosecuted. As with all legal proceedings, a DUI case must be conducted according to applicable procedures and evidentiary standards. There are many things that can go wrong for the prosecution.
Improper arrest may invalidate a DUI charge right from the start. If an officer arrests you while you're parked, you can't be driving under the influence, since you're not driving at all. Even if you are driving, an officer must have probable cause. If you're stopped and the officer can't truthfully testify that you were exhibiting suspicious behavior, your case may be dismissed.
Faulty Breath and Blood Tests May Be Invalidated
Blood alcohol concentration (BAC) testing is a common cause for DUI case dismissals. Breath testing equipment may not function properly, may be improperly calibrated, or may be used incorrectly by an officer in the field. Blood testing can be invalidated if improper handling causes contamination or if improper storage causes spoilage.
Even when properly used, the breath test device can give inaccurate readings, since it measures alcohol vapors in the mouth and uses that reading to estimate the amount of alcohol in the blood. Conditions such as acid reflux or heartburn may add alcohol from the digestive tract to alcohol in the mouth, producing an inaccurately high reading.
Several Factors Can Skew Results of Field Sobriety Tests
The results of field sobriety tests, which are meant to prove impairment by judging factors such as balance, coordination, and concentration, may be invalidated in court. Reasons may include intimidation by the officer, distraction caused by traffic, testing on an uneven surface or in poor weather, or inappropriate footwear.
If you've been arrested for DUI, an experienced attorney can tell you more about these possible causes for dismissal, as well as others. Your attorney will ensure that all pertinent factors are considered and that you receive the full benefit of your rights as a defendant. If you are convicted, your attorney will fight to see that your punishment is just.
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