To err is human – and police and prosecutors are not immune from that fact. If you have been arrested or are being charged with a DUI, certain errors could result in your DUI case being dismissed. It is important to separate the facts from the myths in these types of situations. There are plenty of myths circulating that you can beat a DUI using certain methods. In reality, there is no such strategy. Instead, it comes down to your legal representation, and if errors were made during the investigatory process.
Probable Cause Errors
The most common reason that a DUI case is dismissed is because of probable cause errors. If the officer did not have probable cause to stop your vehicle, then he or she did not have probable cause to perform a breathalyzer, or detain – or even arrest – you. Therefore, evidence collected will be dismissed, and likely, so will the charges.
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Faulty or Unreliable Testing
DUI breathalyzer tests have a history of being unreliable; they are subject to multiple issues, including user error, physiological conditions (such as someone with GERD or reflux), instrument failure, and failure to observe prior to testing. If there is evidence that the device was faulty or used improperly, you may be able to have the charges dismissed in your case.
Police Misconduct at Sobriety Checkpoints
Most DUI arrests in Colorado that are the result of a sobriety checkpoint are something that a defense attorney can challenge. This is especially true of the police officer administering the test failed to follow the rules and guidelines for those checkpoints.
Field Sobriety Test Errors
There are a few sobriety tests administered in the state of Colorado. Each test must be given in accordance with guidelines specifically stated by the National Highway Traffic Safety Administration (NHTSA). Law enforcement officers often fail to take into account a person’s level of fatigue (especially when stopping a driver in the middle of the night), medical conditions, weather conditions, or the pavement structure, as they are required to do. When they fail to comply with the guidelines set forth by NHTSA, it creates an opportunity for a defense attorney to state that the test results were unreliable and, therefore, not admissible.
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Errors Do Not Result in an Automatic Dismissal
Even if you know that the police officers committed errors in your case, stating such is not enough. Instead, you need a DUI defense attorney with experience defending these types of cases and proving that these errors affect the quality of evidence against you. Christian A. Schwaner, P.C. is a former state attorney. He knows the critical errors made by law enforcement, and can help mount a defense in your DUI case. Call 719-577-9700 now to schedule a free initial consultation or fill out our online contact form with your DUI questions.