Facing a DUI or DWI charge is a big deal. If convicted, there’s a chance you might spend time in jail and have to pay some hefty fines. After that, you won’t be able to get a job that requires driving and possibly even operating heavy machinery. You can even end up with a suspended license for a while.
However, just because you’re facing charges doesn’t mean you’ll be convicted of a DUI. In the U.S. court system, you are innocent until proven guilty.
Some people get plea deals
Hopefully you’ve got a good defense attorney on your side because DUI charges are often reduced to reckless driving for first-time offenders with no criminal record. It’s not a guarantee, but it is a possibility. It would still be a conviction, but reckless driving, as bad as it sounds, looks better than having a DUI on your record.
Police mistakes can lead to dropped charges
The law must be followed to the letter in order for your DUI charges to stick. If the police officer(s) who pulled you over and arrested you for a DUI didn’t follow the law, there’s a good chance your charges will be dropped.
There are five main mistakes police make that lead to dropped DUI charges.
1. Failure to demonstrate probable cause
It is illegal for a police officer to pull you over without probable cause. If your traffic stop began illegally, and you ended up arrested for a DUI, there’s a chance you can get your charges dropped. Without probable cause, any evidence collected during an invalid stop or after your arrest can be deemed inadmissible in court.
On the other hand, if you were pulled over by an officer who suspected you were driving under the influence because you were weaving in and out of lanes, or something similar, that would be valid probable cause.
An officer doesn’t need to have pulled you over initially for suspecting intoxication, but once they pull you over for a valid reason (like running a stoplight), if they see signs of intoxication, they can arrest you for driving under the influence.
Even if the officer tries to use a general reason, like saying you took too long getting your registration and that made them think you might be intoxicated, that won’t necessarily invalidate your traffic stop. However, that explanation won’t necessarily hold up in court to convict you.
2. Breathalyzer mistakes and malfunctions
Breathalyzers can produce readings with an error rate of .005-.02%. It’s also possible for police officers to make a mistake when administering a breathalyzer test.The problem with these tests is they’re an approximation of your actual blood alcohol content (BAC). Only a blood test will be more accurate. It’s not uncommon for people to have results from a breathalyzer and blood test that vary. If you take a blood test and it doesn’t match your breathalyzer, the breathalyzer tests might be removed from consideration, which can lead to a case dismissal.
3. DUI checkpoint mistakes
Police are required to follow strict rules at DUI checkpoints. For instance, in some areas, a checkpoint must be publicized in advance and located in a specific area. There also must be warnings prior to the checkpoint so that drivers know they’re about to drive through a checkpoint.
If you were arrested for a DUI at a checkpoint, if there’s anything about the checkpoint that doesn’t fall in line with the law, it can be deemed unconstitutional, and your charges will likely be dismissed.
If you happen to live in Texas, there’s an even better chance your case will be dismissed if you were arrested at a checkpoint. A 1991 case, State v. Wagner, determined checkpoints to be a violation of the Fourth Amendment. The state appealed and lost. Texas views checkpoints as unconstitutional seizures.
4. Inability to prove you were driving while intoxicated
Being charged with a DUI requires police to prove that you were intoxicated while driving a vehicle. Being intoxicated isn’t enough. They have to actually prove you were driving at the time, and that’s not always easy. For example, if you were involved in a crash without witnesses, it will be harder to prove you were driving the car.
5. Test inaccuracies caused by ketosis
When your body is in a state of ketosis, it produces ketones, which are similar in chemical composition to isopropyl alcohol. These ketones can produce a false positive with a breathalyzer. This can happen to people who are following a keto or paleo diet, and people with diabetes or low blood sugar.
Take things one day at a time
While there’s no guarantee your case will be dismissed, don’t think too far into the future. Get a DUI attorney and let them build your defense. Take things one day at a time. If you have a good lawyer, you’ll be in good hands.
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