How Can I Beat a DUI or DWI Arrest Charge on a Technicality?

Beat a DUIIf you have recently been arrested for a DUI or DWI of alcohol, Marijuana, or illegal drugs, you are probably looking for an experienced local attorney to fight your case. Even if they have you dead to rights, a skilled lawyer will know the best ways based on science and law for how to beat a DUI technicality case effectively in court under the new rules in each state.

If the BAC test results or other evidence can be proven to have been collected unlawfully or improperly, you still have a very good chance of getting out of the charge and winning your case with a dismissal.

How to Beat a DUI Charge on a Technicality

When trying to beat a DUI case on a technicality defense, a DUI lawyer will look at several factors as well as how the evidence was collected. In many cases, a simple clerical error or some faulty equipment is the difference in walking away or facing jail time and thousands of dollars in fines. Below you will find just a few of the ways specialized attorneys can have a case thrown out on high-tech factors and medical reasons.

Breathalyzer

• Arrestee suffers from GERD (gastro esophageal reflux disease)
• Malfunctioning equipment
• Technician not certified
• Equipment not used properly

These tests have been thrown out on plenty of cases simply because there are many factors that lead to tainted results. Furthermore, the tests measure your breath, not your actual BAC. Alcohol can linger in your mouth resulting in an improper reading. This will be one of the first things your attorney will look at to have the case thrown out.

Blood Tests

• Rising blood alcohol
• Contamination of blood sample
• Improperly stored blood samples
• Blood fermentation

Anyone that has ever heard of Lance Armstrong or Ryan Braun knows there are plenty of things that can go wrong when taking blood samples. Firstly, it starts when the blood sample is actually taken. Because it takes time for the alcohol to be absorbed into your blood, a test that was taken hours after the arrest is not a reflection of your BAC at the time of your arrest. In addition, if the sample was mishandled at any point during the process, the results may be tainted.

Police Report and Testimony

• Not properly Mirandized
• Officer attitude
• Accuracy of reports and testimony

While you would think police officers never mess up the Miranda Rights, it is simply not the case. A lot can happen during an arrest and sometimes officers simply forget to Mirandize the arrestee. Officers have bad days just like anyone else, and perhaps a bad experience earlier that day led to them making an unjustified stop on your car. Finally, your attorney may be able to find inconsistencies between the police report, deposition, and testimony of the officer. These are all technicalities that can result in a dismissal of charges.

We can help you right now with our free online DUI arrest review to know what your best options for defense are, as well as what to expect for how much your own case should cost. When a driver can take proper action in enough time after getting arrested for DUI or DWI, it drastically increases the chances to get out of the offense with the charges dropped and a case dismissed at your court date.

DUI Lawyers and the Local Court Your Case Will Be Held At

Every judge in each state throughout the criminal courts of the country, take driving under the influence cases more seriously than ever before.  Especially since the new local DUI and DWI laws that determine the consequences are so severe today if a driver gets convicted, judges will carefully listen to the defense attorney and challenges to the technical facts within a police report before making a final ruling.

Who a person chooses to hire to get out of a charge is crucial. This is because both the local prosecutor and judge will also know who the best DUI lawyers in your area are, and immediately realize if they are in for a fight or not when the case is presented in court.

When a driver is represented in court, they will need to be defended with a specialist lawyer with a high amount of experience and winning track record with driving under the influence cases from where they will be going to court at .

Once you have a DUI arrest reviewed with us online, your defense will begin the first moment we discuss the case together with you.

The local expert lawyers with us will start your defense learning vital technical information such as:

  • What happened before the arrest?
  • What too place during the traffic stop itself, and
  • What occurred with how the police officers first suspected a DUI, and
  • Was the police report and BAC test results provided to the court, done so under current proper procedure?
  • What are any critical legal or scientific technicalities to driving under the influence of drugs or alcohol that could apply to your case?

Our local attorneys near you have years of scholarly legal skills in defending drunk and drugged driving cases. Therefore it is extremely rare that we will review a case where one of our lawyers can’t find a valid opportunity for you to win and get out of charges in court.

Under the new federal and state laws, the police in every jurisdiction of the United States are held to a very high standard with DUI and DWI violations involving alcohol, weed, prescription medication, or other types of drugs. However when there is any doubt as a result caused by improper police protocol or reasons based on science with the blood or breath testing, the judge will likely reduce or dismiss the charge completely.

Regardless if the DUI arrest if for misdemeanor or felony criminal offense, the police will always still have to prove a driver guilty “beyond a reasonable doubt” when the case goes to court.

What guilty beyond a reasonable doubt means is, if the police evidence and prosecutor fail to convince a presiding judge that the accused operator of a vehicle committed the offense, then a judge will dismiss all the violations at the court date.  This outcome happens frequently in scientific DUI cases when blood alcohol and drug intoxication levels come into play, because a judge has to be absolutely certain that the driver’s rights were respected under the law, and both the arresting officer and local court system have adequately proven the case in trial.

Fight and Get a DUI or DWI Charge Dismissed for Technical Reasons Under the Law

Driving under the influence charges for alcohol or drugs are reduced or dismissed on technical arguments, and then sometimes even on very simple legal factors.

In every DUI and DWI case, both the police and prosecuting attorney must prove these 7 questions in court:

  1. Who, what, where, when and how the DUI arrest happened.
  2. Was a Breathalyzer test taken legally and properly under the current law?
  3. Were all the paperwork and charging documents filed according to protocol for this offense by the police officer?
  4. If a case has taken too long to come to trial, did any BAC test or other evidence disclosure issues take place?
  5. Are there any witnesses to what happened before or during the time of the DUI or DWI charge?
  6. What are the legal technicalities that may be applied to the specific case circumstances?
  7. Can the prosecution prove the charges beyond a reasonable doubt to the judge by the end of the case?

Having assisted thousands of drivers through courts in every state DUI and DWI offense cases, we seldom come across a case where there are not valid legal and technical reasons for ways how to challenge a charge to get cleared for a person’s own specific arrest situation.

We also will explain your the legal repercussions including the total price to expect to pay, new defenses to drop driving under the influence charges, and about what happens in the local court you will be going to.

Taryn J. White

About Taryn J. White

Taryn J. White is a research specialist and DUI law news reporter on what to do when you get a DUI, the best methods used for fighting a case, and how to get DUI help. Her current mission and accomplishments include helping those facing any driving under the influence, DUI, and DWI arrest charges, get free online assistance in learning how to fight a DUI case for the best possible results and outcome. In today’s era of online information and social media defining a person’s identity, one of her primary goals is to help inform people about the truth of the burden a lifetime of social stigma damage and career devastation a DUI arrest charge will carry, especially if not properly handled by the best professional legal counsel from the beginning of a DUI case. Since the seriousness of a person’s reputation and livelihood is at stake, it is for this essential reason that people be informed of their options based on their unique arrest and circumstances, and why Taryn has helped provide the free online assistance people need by easily having their questions and concerns answered directly through this website with a skilled DUI attorney from their area.

2 thoughts on “How Can I Beat a DUI or DWI Arrest Charge on a Technicality?

  1. During my DUI arrest a breathalyzer was done but is not mentioned in criminal complaint. Furthermore, the date of offense on the separately attached fingerprint order is wrong. Is this enough for a dismissal?

  2. I was charged for a DWI in NC when I was on vacation a year ago. I have been diagnosis with GERD but my lawyer related the breathaylzer machine in NC has a prevention from GERD on the machine. Is there experts on GERD in NC that can testify in court against the breathalyzer machine EC/IR II. Thank you

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