Can a Driving While Intoxicated Attorney Get
Your Charges Dismissed? Here’s How

https://www.duilawofficenewjersey.com/dui-lawyer-new-jersey.html

Facing DUI charges often feels like standing at the edge of a cliff. The potential consequences
loom large – license suspension, hefty fines, mandatory education programs, and even jail time
in serious cases. Many people assume that once they are charged, conviction becomes
inevitable. This assumption, while common, overlooks the numerous legal defenses that might
apply to your specific situation.
A skilled driving while intoxicated attorney brings specialized knowledge of DUI law that proves
crucial in challenging the prosecution’s case. These legal professionals understand the intricate
details of state DUI laws and recognize when police officers may have failed to follow proper
procedures. Every aspect of the arrest deserves scrutiny, from the initial traffic stop to the
administration of field sobriety tests and chemical testing procedures.
Challenging the Legality of the Traffic Stop
Police officers must have reasonable suspicion to pull over a vehicle. This legal standard
requires more than mere hunches or assumptions – officers need specific, articulable facts
suggesting that a traffic violation or crime has occurred. Without proper justification for the initial
stop, everything that follows potentially becomes inadmissible in court.
Common examples of legitimate reasons for traffic stops include speeding, running red lights,
driving with broken tail lights, or erratic driving patterns. If the officer lacked reasonable
suspicion, a qualified attorney may file a motion to suppress evidence obtained from the stop.
Successfully proving an illegal stop often leads to case dismissal since prosecutors lose critical
evidence needed for conviction.
Questioning Field Sobriety Test Accuracy
Field sobriety tests serve as subjective tools officers use to establish probable cause for arrest.
These tests – including the horizontal gaze nystagmus, walk-and-turn, and one-leg stand –
present numerous reliability issues that attorneys regularly challenge. Factors completely
unrelated to alcohol consumption can affect performance on these tests.
Medical conditions like inner ear problems, back or leg injuries, certain neurological disorders,
or even inappropriate footwear can cause people to perform poorly on balance tests. Weather
conditions, uneven testing surfaces, poor lighting, and officer errors in administering or
interpreting the tests further compromise reliability. A knowledgeable attorney examines these
factors to challenge probable cause for the arrest.
Attacking Breathalyzer and Blood Test Results
Chemical testing represents the cornerstone of most DUI prosecutions, yet these tests are
riddled with more vulnerabilities than many realize. Breathalyzer devices require regular
calibration and maintenance to produce accurate results. Officers administering the tests must
follow strict protocols to ensure validity.
Potential defenses include improper calibration of testing equipment, failure to observe the
required waiting period before administering the test, or contamination from substances like
mouthwash or certain medications. Blood tests, while generally more accurate, require proper
storage, handling, and analysis by qualified personnel. Chain of custody issues or improper
blood drawing procedures can invalidate these results as well.
Challenging the Officer’s Observations and Reports
Police reports documenting DUI arrests embrace observations about the driver’s appearance,
behavior, and statements. These observations, while presented as facts, remain subjective
interpretations influenced by the officer’s perception and experience. Attorneys frequently
identify inconsistencies or exaggerations within these reports.
Video evidence from dashboard or body cameras sometimes contradicts written reports. For
example, an officer might describe a driver as having “slurred speech” or being “unsteady on
their feet,” yet video evidence shows normal speech patterns and stable movement. Attorneys
can use such discrepancies to undermine the officer’s credibility and challenge the basis for
the arrest.
The Rising BAC Defense
Blood alcohol concentration continues rising for some time after a person stops drinking. This
scientific fact creates situations where someone might have been under the legal limit while
driving but over the limit when tested later at the police station. This phenomenon, known as
the “rising BAC defense,” can create reasonable doubt about impairment at the time of
driving.
An effective attorney works with toxicologists who can calculate BAC levels at the time of
driving based on factors including when the person last consumed alcohol, their weight,
gender, and the timing of the chemical test. This scientific approach challenges the
presumption that test results accurately reflect impairment while driving, potentially leading to
reduced charges or dismissal.
Proving Procedural Violations and Rights Infringements
Law enforcement officers must follow specific procedures during DUI arrests, including
properly advising suspects of their Miranda rights before questioning. Failure to inform
suspects of their right to remain silent or their right to an attorney can render subsequent
statements inadmissible in court. Additionally, officers must
inform drivers of the
consequences of refusing chemical tests under implied consent laws.
Documentation errors, failing to provide proper warnings, denying requests for independent
testing, or preventing communication with an attorney represent serious procedural violations.
These errors can significantly weaken the prosecution’s case and often serve as grounds for
Medical Conditions and False Positives
Certain medical conditions can mimic intoxication or cause false positive results on breath
tests. Diabetes, acid reflux, high-protein/low-carbohydrate diets, and auto-brewery syndrome
can produce acetone or similar compounds that breathalyzers may incorrectly identify as
alcohol. Physical disabilities or neurological conditions sometimes cause balance issues or
speech patterns resembling intoxication.
Effective defense strategies
include obtaining medical
records and expert
testimony
explaining how specific conditions might have affected test
results or
the officer’s
observations. This approach creates reasonable doubt about whether observed impairment
stemmed from alcohol or from an underlying medical issue unrelated to intoxication.
The Necessity Defense
Though rarely applicable, the necessity defense can succeed in specific situations. This
defense argues that driving while intoxicated was necessary to prevent greater harm. For
example, someone might drive to escape an immediate threat to their safety or to address a
serious medical emergency when no alternatives existed.
Successfully employing this defense requires proving that the emergency situation was real
and immediate, no reasonable alternatives to driving existed, and the harm avoided
outweighed the danger created by driving under the influence. While challenging to establish,
this defense occasionally leads to dismissal in extraordinary circumstances.
Conclusion
Getting DUI charges dismissed requires thorough investigation of all circumstances
surrounding the arrest. From challenging the legality of the initial stop to questioning chemical
test results, numerous defense strategies exist. Procedural errors, medical conditions, rising
BAC levels, and violations of constitutional rights all present potential paths to dismissal. Each
case presents unique
factors
requiring
individualized analysis. With proper
legal
representation and careful examination of the evidence, what initially seems like an impossible
situation may resolve more favorably than expected.

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