Getting charged with a DWI (Driving While Intoxicated) can be a distressing experience, but it’s essential to remember that mistakes can occur during the arrest process. Understanding common errors made by police officers during DWI arrests can potentially lead to the dismissal of charges. In this article, we will explore some of the most prevalent police mistakes that could help you build a strong defense and protect your rights and why you should see guidance from a Minneapolis Criminal Defense attorney.
- Inaccurate Field Sobriety Tests: Field sobriety tests are commonly conducted by police officers to determine if a driver is intoxicated. However, these tests are not foolproof and can be prone to errors. Police officers may incorrectly administer the tests or misinterpret the results, leading to inaccurate conclusions. An experienced attorney can challenge the validity of these tests, potentially leading to the dismissal of the case.
- Faulty Breathalyzer Results: Breathalyzer tests are often used to measure a driver’s blood alcohol content (BAC) level. However, these devices require proper calibration and maintenance to provide accurate readings. Failure to follow the necessary protocols or faulty equipment can lead to unreliable results. Challenging the accuracy and reliability of breathalyzer tests can be a key factor in getting your DWI case dismissed.
- Violations of Miranda Rights: The Miranda rights, which include the right to remain silent and the right to an attorney, must be read to individuals upon arrest. Failure to properly inform the accused of these rights can result in evidence being suppressed or excluded from the case. If the police violated your Miranda rights during your DWI arrest, it could be grounds for dismissal.
- Lack of Probable Cause: Police officers must have a valid reason to initiate a traffic stop and suspect that the driver is intoxicated. If the officer lacks probable cause, such as observing erratic driving or receiving a tip from a reliable source, any evidence collected during the stop may be deemed inadmissible. An experienced attorney can investigate whether the officer had a legitimate reason to stop you and challenge the validity of the arrest.
- Mishandling of Blood or Breath Samples: Proper handling and preservation of blood or breath samples are crucial for accurate testing and analysis. Any mishandling of these samples, such as contamination or improper storage, can cast doubt on the results and potentially lead to the dismissal of your DWI case.
Facing a DWI charge is a serious matter, but it’s important to remember that police officers are not infallible. Understanding the common mistakes made during DWI arrests can help you build a strong defense strategy. If you believe that any of these errors occurred during your arrest, consult with an experienced Criminal Justice attorney from Martine Law, PLLC, who can evaluate your case and fight for your rights. Remember, the dismissal of a DWI charge is possible when proper legal avenues are explored and utilized.
