DUI Defenses: Testing and Arrest Procedures

When someone is arrested on a DUI charge, there are serious consequences, which means that suspects should consider using some of the many DUI defenses that have proven effective in courts across the nation. These defenses do not always apply, but once someone is arrested, they have the option of looking back and evaluating their traffic stop and the questioning and testing process to determine if all legal procedures were correctly followed. If not, the evidence, or the entire case, may be thrown out.

DUI Traffic Stops

The police have the right to pull a driver over if there is probable cause that they have or are committing a crime. They cannot do so on a hunch. If there is no evidence that police had probable cause, such as a specific traffic violation that they observed before the stop, the entire arrest may be illegal.

In addition, the police must have probable cause to search a suspect’s car for evidence unless the suspect gives them permission to do so. Any evidence obtained in an illegal search is also inadmissible in a court of law. Finally, the officer must administer Miranda warnings to each and every suspect they place under arrest. That includes informing them of these rights:

• The right to remain silent

• If they choose not to remain silent, anything they say may be used against them in court

• The right to have an attorney present or to have one appointed for them by the court at no charge

Any information gained after an arrest without a Miranda warning is inadmissible and will be thrown out of court.

Testing Errors

In addition, if an officer observes signs of intoxication, they may have probable cause for administering some of the Field Sobriety Tests approved in their area, but these tests must also be administered properly or the results may be inadmissible, as well.

General Field Sobriety Tests may be suspect when the officers administering them are untrained and unable to perform them adequately. Many suspects have medical conditions that prevent them from passing those tests, as well. Emotional conditions of the suspect can also influence the outcome, as can weather conditions, especially wet and slippery roads.

Chemical tests have additional weaknesses that the suspect should explore in order to fight their DUI charges. The accuracy of these tests, in light of improper administration, poor or undocumented calibration or maintenance, issues with direct chain of evidence, and even medical conditions of a driver that may skew results all may be a viable grounds for having chemical test evidence removed from an ongoing case.

• Maintenance and calibration – these are required on a regular basis, and if they are not maintained correctly, their results may be unreliable

• Administration – some officers are not well trained in the use of these machines. A suspect should obtain a copy of the operator’s manual and determine if the equipment was property used

• Other substances in the mouth – these may alter the test results, including something as simple as a breath mint, asthma medications, alcohol in the mouth at the time of the test, and more

• Radio frequency interference – including cell phones and other equipment, can affect the results of a breathalyzer test

Getting Legal Help with DUI Testing and Arrest Procedures

For these reasons and more, it can be vital to obtain the services of an experienced DUI attorney to help someone who wishes to fight a DUI charge. The evidence for these errors can be difficult to obtain without the knowledge and expertise of such an attorney who is much more likely to be able to have the charges for a first-time DUI arrest reduced or even dismissed.