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Is it possible to get a DUI charge dropped if the officer made mistakes?

a year ago
28

It is possible to get a DUI charge dropped if the officer made mistakes during the arrest or investigation. Mistakes made by law enforcement officers can sometimes lead to the dismissal of a DUI charge.

One common mistake that can result in a DUI charge being dropped is an improper traffic stop. In order for a traffic stop to be legal, the officer must have reasonable suspicion that a crime has been committed. If it can be proven that the officer did not have reasonable suspicion to pull over the driver, any evidence obtained during the stop, including evidence of intoxication, may be deemed inadmissible in court.

Another mistake that can lead to a DUI charge being dropped is an inaccurate administration of field sobriety tests (FSTs). FSTs are used by officers to determine a driver's level of impairment. However, if the officer did not properly administer the tests or did not follow the standardized procedures, the results may be unreliable. This can weaken the prosecution's case and potentially lead to a dismissal of the charges.

In addition, errors in the administration or calibration of breathalyzer or blood alcohol tests can also provide grounds for challenging a DUI charge. If it can be demonstrated that the equipment used was faulty or not properly maintained, the results of these tests may be called into question, potentially leading to a dismissal of the charges.

It's important to note that the specific circumstances of each case will determine the likelihood of getting a DUI charge dropped due to officer mistakes. Consulting with an experienced DUI defense attorney is crucial in assessing the validity of the officer's actions and building a strong defense strategy.

References:

  1. Challenging Breathalyzer and Blood Alcohol Test Results
  2. Improper Stop
  3. Field Sobriety Tests

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