If you find yourself in the unfortunate situation of being arrested for DUI, it is important to know what to do to increase your chances of getting out of a DUI lawsuit. There are many things that can happen during and after a DUI arrest that can impact your case. In this blog post, we will discuss 6 tips that will help you get through this difficult time and improve your chances of winning your case!
No Probable Cause For The Stop
One of the first things you should do if you have been arrested for DUI is to determine whether or not the police had probable cause to stop your vehicle in the first place. If the police did not have probable cause, this may be grounds for getting your charges dismissed. The lawyers at Ambrose Law Firm say that police stop people without probable cause a lot more often than people realize. To determine whether or not the police had probable cause, you will need to look at the circumstances surrounding your stop.
Was there anything unusual about the way you were driving? Did you make any sudden movements? Were you speeding? If the answer to any of these questions is yes, then the police probably had probable cause to stop you. However, if you were driving completely normally and the police had no reason to believe that you were intoxicated, they may not have had probable cause to stop you.
Faulty Breath Test
If you have been charged with a DUI, one of the first things you should do is check to see if the breath test that was administered was done correctly. If it wasn’t, you may be able to get your charges dropped. Faulty breath tests are not uncommon, so it’s definitely worth looking into.
Some common causes for faulty breath tests include:
- The machine wasn’t calibrated correctly
- The officer administering the test didn’t follow proper procedure
- The machine itself was defective
If any of these things occurred, it’s possible that your breath test results were inaccurate. Inaccurate results can lead to wrongful convictions, so it’s important to get them thrown out if possible.
Medical Conditions
If you have any medical conditions that may have caused your BAC to be higher than normal, be sure to mention this to your lawyer. Some medical conditions that can cause a false positive on a breathalyzer test include acid reflux, diabetes, and asthma. If you have any of these conditions, be sure to let your lawyer know, so they can investigate whether or not these conditions may have played a role in your BAC reading.
Blood DUI Testing Isn’t Always Accurate
Blood DUI testing isn’t always accurate. If you have been charged with a DUI, you may be able to get out of it by challenging the accuracy of the blood test. Blood tests can be inaccurate for a number of reasons, including improper storage or handling of the blood sample, contamination of the sample, and errors in the testing process. An experienced DUI attorney can challenge the accuracy of the blood test and get the charges against you dropped.
Police Misconduct
If you believe that the police officer who arrested you for DUI acted improperly, you may be able to get your charges dismissed. To do this, you will need to prove that the officer violated your constitutional rights or committed misconduct.
There are many ways that an officer can commit misconduct. For example, an officer may conduct an illegal search of your vehicle or may not have had probable cause to pull you over in the first place. If you can prove that the officer engaged in misconduct, it is possible to get your charges dismissed.
It is important to note that even if you are able to prove that the officer committed misconduct, this does not guarantee that your charges will be dismissed. You will still need to present your case to the prosecutor and convince them that dismissal is warranted.
Radio Frequency Interference
Radio Frequency Interference (RFI) can cause problems with the accuracy of breathalyzer tests. RFI is interference from radio waves that can distort the readings on the breathalyzer machine. This interference can come from a variety of sources, including cell phones, two-way radios, and even nearby radio towers.
If you believe that RFI may have played a role in your breathalyzer test, you should mention this to your lawyer. They can investigate whether or not RFI was a factor and, if it was, they can use this to get your charges dropped.
If you have been charged with a DUI, there are a number of ways that you may be able to get out of it. Be sure to speak to an experienced DUI attorney who can investigate the facts of your case and determine which defenses may apply. With the help of a skilled lawyer, you may be able to get your charges dismissed or reduced.