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Wednesday, January 22, 2020

A DWI Arrest Does Not Mean You Are Automatically Guilty

Many people are under the assumption that just because you are charged with a DWI that you are automatically guilty. That is just not true. There are a variety of reasons that a DWI charge could be dismissed. Here are some of the reasons that lead to such an occurrence.

No probable cause

A police officer must have a sufficient reason to pull you over. This is deemed probable cause. Forget about whether you were actually intoxicated. If there was no probable cause to pull you over, then your blood alcohol content level is irrelevant. However, this does not apply to DWI checkpoints.

Breathalyzer not calibrated

One of the most common reasons for a DWI case to be dismissed is bad equipment. A breathalyzer has to be correctly calibrated before it is used and if it is not, then it opens up a new defense. An uncalibrated breathalyzer could provide results that are inconclusive. 

Inaccurate sobriety tests

Officers can administer an array of sobriety tests on a driver they suspect to be impaired. But there are several reasons these tests cannot truly gauge sobriety. Inadequate lighting and poor weather conditions could create a poor setting for those tests. And having drivers try to walk a straight line on uneven surfaces or while wearing certain footwear can also be challenged by a DWI lawyer.

Breath test interference

There are different products that could lead to a false breath test. A driver who is taking medication for asthma could show up with a false reading. Meanwhile, eating cough drops or drinking mouthwash could also impact the results of a breath test. Various chemicals in products could lead to a false positive reading.

Glitch in the process

There is a specific course of action that needs to be taken in a DWI case. Defendants also need to be granted access to an attorney. The trial will also have to occur within a set time period. In the event that there are any unforeseen delays in that process, then there is a chance the charges could be rendered invalid.

Bad blood test

There are rules that need to be followed when using blood samples for alcohol readings. There is always the chance that the facility taking the sample does not follow protocol. There is also the potential for medical facilities to give higher readings on blood samples. There are a number of ways these blood test can be off.