If you have been arrested for driving under the influence (DUI), you may think you have no chance of avoiding a conviction. However, this is not necessarily true.
Police officers are human and can make mistakes during a DUI investigation or arrest. These mistakes can be used to challenge the evidence against you and strengthen your DUI defense. Below are some common police mistakes that can help your DUI defense.
Violating your constitutional rights
During a DUI arrest, police can intentionally or unintentionally violate your constitutional rights in several ways. For example, pulling you over without legally justifiable reasons (reasonable suspicion) violates your Fourth Amendment right against unreasonable searches and seizures.
Failure to inform you of your Miranda rights, such as the right to remain silent or have an attorney present during custodial interrogation, can violate your Fifth Amendment rights. Usually, evidence obtained unlawfully or in violation of your constitutional rights may be excluded from your case.
Chain of custody errors
Chain of custody errors are when there are inconsistencies or gaps in documenting the handling and storage of evidence, such as blood or breath samples. If there are doubts about the integrity of the chain of custody, it can cast doubt on the accuracy and validity of the evidence against you.
Improperly conducting breathalyzer or blood tests
Breathalyzer or blood test results are often critical pieces of evidence in DUI cases. However, these tests are not infallible and can be subject to errors. Issues such as faulty calibration, improper administration or mishandling of samples can lead to inaccurate results. Challenging the reliability of these tests based on procedural errors or technical flaws can bolster your defense.
The importance of legal representation
Identifying police errors and incorporating them into your DUI defense strategy requires a detailed understanding of the criminal justice system and the ability to navigate the complex legal procedures involved. Therefore, seeking legal guidance is highly advisable.
