You’re facing drunk driving charges, and the evidence seems stacked against you. The officer’s report says you were intoxicated, the breathalyzer test results show that you were over the legal limit and the case appears airtight. In that moment, it’s easy to believe that a conviction is forthcoming. You could be wrong.
Even when everything seems lined up against you, drunk driving cases are rarely as straightforward as they look. The police may have made mistakes that can have far-reaching consequences on how your case unfolds. Here are some of these errors that can turn a hopeless situation into a real opportunity to fight the charges.
1. An improper traffic stop
Police must have legal grounds to pull you over on suspicion of drunk driving. If the officer stopped you without a lawful basis, the court may throw out any evidence gathered from the stop because it was illegal to start with. That police report and those BAC test results you thought sealed your fate could be tossed out, which can weaken the case against you.
2. Field sobriety and breathalyzer test errors
Field sobriety test results can be flawed if the officer fails to administer the test correctly. This may include not properly explaining what’s required of you or giving confusing instructions. Breathalyzer tests can also give incorrect results if they are not properly maintained and calibrated or if the officer fails to follow correct procedures. These can be valid grounds to challenge the reliability of such evidence.
3. Errors in the chain of custody
The police must accurately document who handled your blood or urine samples after collection, how they were stored and whether they were secure. Missing documents, gaps or inconsistencies in this chain of custody can cast doubt on whether the samples truly belong to you or whether they were contaminated or altered.
While these mistakes can augur well for your DUI/DWI charges, the court will not point them out for you. Your case will proceed if you don’t act. Legal guidance is essential to identifying these and other loopholes present in your case and leveraging them to help your defense.