Good Reasons Why Your DWI Case May Be Dismissed

Driving while intoxicated or DWI as it is known is one of the most serious driving charges that you can face. Anyone convicted of DWI can suffer from really long-time repercussions like- being prohibited from driving, having to pay more insurance premium, having to attend DUI School, pay stiff penalties and even suffer jail time. However, there can be a variety of reasons why the prosecution may not be able to make the charge stick.

No Probable Cause for Stopping

The prosecution has to prove that you have given them enough reason for the police to stop you. Valid reasons include traffic law violations, irregular or erratic driving behavior, equipment violation, vehicle fits stolen car description or suspected of involvement in a crime. To stop your car, conduct an investigation for DUI and arrest you, the police needs to have a reasonable belief that you have committed an offense. In the case of this being not present, the evidence will have to be suppressed, which basically means that it cannot be used against you and thus the charge will generally have to be dropped. This is done to prevent the police from engaging in racial profiling and or harassing people on the road.

Lack of Probable Cause for Requesting a Breath Test

Another prime reason that might lead to a DWI being dismissed is the lack of probable cause for the police to request a breathalyzer test. For instance, if you were pulled over for speeding and did not admit to drinking alcohol, the police officer may ask you to perform certain sobriety or balance tests. However, you can refuse to take the tests but the office can ask for a breath test, which also you can refuse. However, at the hearing, you will need to prove that either the stop itself was invalid or there was a lack of probable cause for requesting the breath test. You can also argue that the breath test results were invalid, you had a good cause to refuse the test, and there was a lack of probable cause of your having been under the influence. Read about recent cases that were dismissed on these grounds on thehoustondwilawyer.com website.

Challenging the Results of the Breath Test or Chemical Test

Most of the instances of successful DWI dismissals relate to the validity or accuracy of the breath or chemical test conducted on the driver. Skilled DWI lawyers can contest the test administration protocol as well as the machine mechanics such as improper calibration or unavailability of the source code from the manufacturer. These reasons may be sufficient for a court to rule against the test result’s admissibility. There are a number of medical conditions that can impact on the results’ accuracy. Similarly, the law requires very strict protocols to be followed for collecting blood or urine samples used for proving the presence of alcohol and certain drugs.

Rising Level of Blood Alcohol

This means that your blood alcohol level was higher when you were administered the test than what it was when you were actually driving. This can happen because typically alcohol takes anywhere from 50 minutes to 180 minutes to be fully absorbed by your body. This can lead to a situation where if were stopped just after you had been drinking but the test was administered later on; the blood BAC level could have actually risen to beyond permissible limits while it would have below the limit when you were driving. Both blood and breath tests are subject to this phenomenon and adroit DWI lawyers can successfully contest the charges if there is a significant lapse of time between the time of the test and the time when you were stopped.

Conclusion

A DWI lawyer who is good in his work will examine all the facts of the lawsuit and in case he finds a good reason why the DWI charge is not maintainable, he can present the facts of the case to the court and get your charges dropped. It becomes therefore very important for you to hire the best lawyer you can afford simply because otherwise, you could be in for lots of trouble.

Charlie Brown is a freelance content writer. He has written many articles on different categories like Technology, fashion, finance, travel, health, etc. To know more about him, please his blog.