Being charged with a DUI is no small matter. Operating a vehicle under the influence of drugs or alcohol can not only seriously injure or kill you, your passenger(s), or anyone else sharing the roads, but you could be facing serious penalties if you are convicted.
The best way to get through this challenging time is to work with an experienced DUI attorney who knows the ins and outs of criminal law. Your lawyer will examine the details of your case and determine which defense strategy will work best for you.
There are a number of reasons your DUI case could be dismissed entirely, the top three of which will be the focus of this article. Continue reading to see if any of these defenses could apply to your case.
Malfunctioning Sobriety Test Devices
Probably the most common reason for a DUI to be dismissed is that the blood alcohol content (BAC) testing device malfunctioned or was faulty in some way.
In Indiana, whenever you drive, you are subject to the state’s implied consent laws. This essentially means that when you are pulled over for a suspected DUI, you must submit to a chemical test, whether that be a blood, urine, or breath test, to determine your BAC.
If you refuse a chemical sobriety test, you will automatically have your license suspended for a minimum of one year if you are a first-time offender and two years for subsequent refusals.
The operation of a breathalyzer is delicate, and the validity of these results are most frequently challenged in DUI trials. Some of the most common reasons for invalid sobriety test device results include:
- The test not being administered correctly by the law enforcement officer
- The breathalyzer not being properly calibrated before its use
- The accused offender having a medical condition that can impact the validity of the test results
Your attorney will be familiar with the operation of a sobriety test device and its results, so you can rest assured that after reviewing your case, your lawyer will ascertain whether this is an appropriate defense or not.
Insufficient Probable Cause
When you are pulled over, the police officer must have probably cause to pull you over and perform a search of your vehicle. Your attorney can argue a lack of probable cause if the results of your chemical sobriety test were invalid, if the stop was invalid, or if there was no probable cause to suggest that you were, in fact, intoxicated. This could be reason enough to get your DWI case dismissed.
Your Stop Was Unlawful
As mentioned, before pulling you over, the police officer must have a reason to do so. They are not authorized to pull over random cars or subject individuals to racial profiling. If you have any reason to believe that your traffic stop was unlawful, you should address your concerns with your DUI case attorney, as this could constitute grounds for dismissing your DUI case.
It’s important to keep in mind that a police officer has the right to conduct a lawful traffic stop at DUI checkpoints, in the case of a traffic violation, or when your vehicle fits the description of a vehicle that has been involved in a crime or stolen.
Reach Out to an Indiana DUI Lawyer
If you’ve been charged with a DUI and aren’t sure what you should do next, get in touch with a knowledgeable Indiana DUI lawyer at Rowdy G. Williams Law Firm for assistance. You can schedule your initial consultation today by calling our office at 1-812-232-7400 or by completing the quick contact form we’ve included at the bottom of this page.