Gelling pulled over by the police and getting a DWI charge slapped on you can be the start of a horror story. While it is never advisable to get behind the wheel after downing a few drinks, you can sometimes get your charge dismissed or your sentence reduced if you can establish fault on the part of the police. Depending on your specific circumstances, you can explore any of the following strategies to mount a credible defense:
Incorrect Stop by the Police
Countless precedents have established that unless the police see you doing anything wrong, they cannot stop you on the mere suspicion of drunk driving. It means that if you were following all the traffic rules and appeared to be in control of your car, you may be able to defend yourself because the police did have any reason to pull you over. If the stop itself is deemed improper and illegal, it does not matter whether you are under the influence because all the evidence is deemed inadmissible.
Failure by the Police to Follow Proper Sobriety Testing Procedure
The law requires the police to follow certain specific protocols when administering field sobriety tests. If the police fail to follow the correct process, you can demand the suppression of the evidence collected. The demand is even more applicable if officers have tried to intimidate you, been disrespectful, or indulged in any inappropriate conduct. Field sobriety tests are just one element of the evidence compiled by the state to prove that you were under the influence, and it does not accept it as proof of being intoxicated on its own, according to leading Hempstead lawyers for DWI charges
Incorrect Blood Alcohol Sample Testing and Storage
The standard operating procedure specifies that the police must get the blood sample of the accused tested promptly after the arrest by a licensed and trained phlebotomist. In case an unreasonably long time elapses before the sample is collected and tested or an untrained technician conducts the tests, you can demand the dismissal of the results. You can also be acquitted if you can prove that the police have not been able to maintain the sample’s integrity, and it could have been contaminated, mislabeled, or fermented. It will leave the police without a basis for continuing with its prosecution.
You may have a medical condition that may seem that you are under the influence and also disrupt the breathalyzer test results carried out by the police when you are first stopped. You may also show signs of slurred speech, watery eyes, allergic reactions, etc. that the police can interpret as effects of alcohol. Ketosis, a side effect of diabetes can mislead the police as the breath may seem to smell of alcohol and even give a positive result on the breathalyzer, according to Men’s Health.
In addition to the above, there are other issues that you can raise to have the DWI charge dismissed. These include the police not advising you of your rights, interrogation in the absence of your lawyer, and not following the rules of evidence and procedure.