How to Beat a DUI With Police Report Errors
Improper police training and new prosecutor policies are leading to DUI mistakes happening more often today under new 2023 DUI laws in every jurisdiction. Identifying these officer errors early on with an arrest review, is the key to getting DUI, DWI charges dismissed instantly.
If you have recently been arrested for a DUI or DWI of alcohol, Marijuana, illegal drugs, or refusing a breath test, you are probably looking for an experienced local attorney to fight your case and identify DUI police report errors to get charges dropped and avoid penalties such as the ignition interlock.
Individuals with concerns about being able to afford a good lawyer in the area, still have budget-friendly attorney options with the best local inexpensive lawyers who can provide strong DUI, DWI technicality defenses that work to get charges reduced or thrown out of court, when a legal strategy can be established early on before consequences start going into effect.
Even if the police have you dead to rights, a skilled lawyer in the area will know the best ways based on forensic science and law for how to beat a DUI technicality case effectively in court under the new rules in each state and local jurisdiction.
- How To Beat A DUI Charge On A Technicality
- DUI Lawyers & The Local Court Your Case Will Be Held At
- How To Get A DUI, DWI Dismissed For Technical Reasons
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 DUI charge and winning your case with an immediate dismissal. This successful DUI defense challenging the legality of the evidence is especially true if an officer lied in the police report, which more often than not has to do with the reason they stopped a driver in the first place.
How to Beat a DUI Charge on a Technicality
When trying to beat a DUI case on a technicality defense, an experienced DUI lawyer will look at several factors as well as how the evidence was collected by local police. 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 DUI, DWI case thrown out on high-tech factors and medical reasons.
A recent DUI case dismissed because of police report issues happens often today with good legal defense scrutiny under local DUI, DWI laws which specify what information an officer must not ever make mistake with in their arrest notes and report documentation.
Unveiling the Secrets: Common Police Mistakes in DUI Cases
In modern DUI defense, knowledge is power. Understanding the common mistakes made by law enforcement officers during the investigation and arrest process can be a game-changer in your fight against DUI charges. At FightDUICharges, local preeminent DUI defense lawyers believe in equipping clients with the tools they need to challenge the prosecution’s case effectively.
This is a comprehensive chart highlighting the top 12 common police mistakes in recent DUI cases:
| Mistake | Description |
|---|---|
| Improper Stop | Lack of reasonable suspicion by the police officer to initiate a traffic stop or failure to follow proper protocol. |
| Inaccurate Field Sobriety Tests | Mistakes in conducting standardized field sobriety tests or misinterpretation of the test results by the administering officer. |
| Flawed Breathalyzer Test | Inaccurate blood alcohol content (BAC) readings or related device technical errors due to breathalyzer devices that are not properly calibrated or maintained. |
| Violation of Miranda Rights | Failure of the arresting officer to inform the suspect of their right to remain silent or have an attorney present during questioning. |
| Failure to Preserve Evidence | Improper collection, storage, or preservation of crucial evidence such as dashcam footage or blood samples. |
| Inadequate Probable Cause | Insufficient evidence for the arresting officer to establish probable cause for a DUI arrest. |
| Improper Administration of Chemical Tests | Failure to follow proper procedures in collecting breath, blood, or urine samples for testing by the administering officer. |
| Lack of Training or Certification | Conducting DUI investigations by officers who are not adequately trained or certified to administer tests or interpret results. |
| Failure to Follow Legal Procedures | Non-compliance with required legal procedures during the arrest, questioning, or testing process by the arresting officer. |
| Violation of Constitutional Rights | Infringement upon the constitutional rights of the suspect during the DUI investigation by the arresting officer. |
| Mishandling of Field Sobriety Tests | Improper conduct or interpretation of field sobriety tests by the administering officer, leading to inaccurate results. |
| Contamination or Mishandling of Blood Samples | Improper collection, storage, or handling of blood samples, potentially resulting in contamination or inaccurate test results. |
Below is a further elaboration on common key points of this chart which happen most often with flawed DUI testing by local police.
Breathalyzer
• Arrestee suffers from GERD (gastro esophageal reflux disease)
• Malfunctioning equipment
• Technician not certified
• Equipment not used properly
These DUI tests have been thrown out on plenty of cases simply because there are many factors that lead to tainted results. Furthermore, the DUI blow 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 based on bad DUI breath testing results or procedure.
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 DUI arrest. In addition, if the test sample was mishandled at any point during the process, the results may be tainted or otherwise legally inadmissible in court.
Police Report and Testimony
• Not properly Mirandized
• Officer attitude
• Accuracy of reports, police paperwork, and testimony
While you would think police officers never mess up the Miranda Rights during a DUI arrest, 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, an attorney after an arrest review 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 DUI charges. Furthermore, if police lies are discovered in the report or arrest paperwork, this illegal officer misconduct will get a case thrown out of court immediately.
Top-rated DUI lawyer specialists nearby 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 recently 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.
From improper stops and flawed breathalyzer tests to violations of constitutional rights, a free arrest review is an invaluable resource to help empower you to navigate your best defense strategy with confidence.
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 recent DUI 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 options together with you.
The local expert lawyers for DUI, DWI will first review arrest information for police errors, next they will start your legal 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 expert 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 DUI charges in court.
Under the new federal and state laws in 2023, the police in every jurisdiction of the United States are held to a very high standard with DUI, 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 recent DUI arrest is 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 best case-winning 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, 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:
- Who, what, where, when and how the DUI arrest happened.
- Was a Breathalyzer test taken legally and properly under the current law?
- Were all the paperwork and charging documents filed according to protocol for this offense by the police officer?
- If a case has taken too long to come to trial, did any BAC test or other evidence disclosure issues take place?
- Are there any witnesses to what happened before or during the time of the DUI, DWI charge?
- What are the legal technicalities that may be applied to the specific case circumstances?
- 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, 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.
An online DUI arrest review will provide free advice explaining all legal costs to expect for a lawyer to fight a case, and the best defenses how to beat a DUI with police report errors. Drivers will then know what to expect to happen at in court, and the top ways to get out of a local DUI for a legal technicality or police mistakes.
Police Arresting Sober Drivers for DUI by Mistake, Additional 2023 News References:
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.
So stupidly I drove drunk. I then broke down. I called a friend to come pick me up. 5 minutes before my friend for there the cops showed up. They had my friend and I follow to the police station. There, I refused a breathalyzer.
I was very respectful. They let my friend drive me home…. 2 weeks later my friend got a DUI Summons in his name not mine. The police reported that they pulled up to a disabled vehicle. They described my car. Then later a couple sentences, named me as the driver while the vehicle was in motion. But that’s the only time I am mentioned in that backwards affidavit.
My drivers license number is not anywhere. And again to 1 reiterate car everywhere where it has a place to put the defendant’s name it’s my friend’s name and not my name. The police are charging the wrong person for DUI first of all. Second of all, nobody had seen anyone drive. And Third of all, the police details have everything wrong and backwards and screwed up in their report.
So what do you all think?
I was pulled over because the officer paced me going “70” in a 35 mph zone. This was after the police officer was tailing me with his highlights for over a mile. He said I also I unsafely crossed broken white lines with no blinker. I was scared because he didn’t have his lights on and was in a personal vehicle.
After pulling me over, the cop gave me a breath test for DUI without turning the machine on. When he made me get out he started to illegally search my car. He was so rude to me and his report is false. He said he conducted all 3 sobriety tests and he didn’t.
Also he wrote that I was driving my company vehicle and it wasn’t but now because of that there’s extra paperwork i have to turn in at work. When i called to complain, the police department discouraged me from making any reports. The first attorney I hired is “too busy” with other cases and suggested I take the DUI plea deal which i don’t want to. Can someone please help me?
On Thanksgiving night in 2020 I was pulled over for allegedly speeding, he did not hit his lights to pull me over til I parked my car because I thought i was being followed by some psycho. When I through my door open to ask what their problem was he hit his lights lights and drew his weapon I was visiting family in San Antonio and unaware of the city mandated curfew at 11p.m. that holiday weekend.
The officer immediately put me in handcuffs and grabbed the Breathalyzer with his exposed hands out of the back of his squad car with total disregard to any health hazards, so I absolutely refused the breath test and agreed to take a BAC. He searched my car and found my prescription medication Alazopram and an open container in the back seat that I guess had been cracked open, but was brand new wasn’t missing any alcohol from what I could tell.
I had just dropped family off at their houses and was headed back to my room. I also had called my mom out of fear before I pulled over I put my cellphone in my back pocket. When the cop heard my mom asking if I was OK, he stuck his hands in my pocket took my phone hung it up and put it in HIS pocket. The whole this was just questionable to me and I know he was out of order for that.
Just would like your opinion on my situation. I have a pretty decent court appointed attorney. My charges are felony DWI and POCS &; misdemeanor attempt to Evade and Eluding police along with misdemeanor reckless driving 4 charges total.
My BAC results got back a couple months ago and it was 0.048% and I’ve also presented the DA with my prescription for my xanax. They’re asking I take a plea for reckless driving and Eluding police. Thoughts?
I was wrongly charged with driving under influence. I was harassed by police, with no breathalyzer test or blood work, and the police didn’t read my Miranda rights. The officers talked to me in very bad manner. I go to court for DUI next Wednesday.
I was arrested in Michigan for an owi, the officer messed up the report with my bac on it. My birthday is wrong as well as my gender, could I potentially have it dismissed?
Can a DWI/DUI be dismissed if the incorrect birthdate was recorded on the police report?
I was charged with a DUI after a severe accident and failed to submit to a breathalyzer. When being read my rights to submit, I was not coherent enough to understand the officer’s directions. I lost my appeal to keep my license because the Secretary of State official stated he “did not believe me” and therefore was denying my appeal. Do I have any recourse?
I was arrested in August while parked in front of a friend’s house and was in pain. I had an emergency back surgery in 2016.
The arresting officer had me do a breathalyzer which came back clean. I explained that I was in severe pain and needed my medication. The officer wanted me to stand up I explained to him again my condition. Then the homeowner which knows me, came outside and explained to the officer my condition.
At this point the officer had me lean against the back of the vehicle. I asked him what was going on he said that he got a call that I was driving dangerously. I am almost positive that this officer is not abiding by the law due to the fact that he never put in the report that he gave me a breathalyzer test.
When I did receive the blood test back what’s in my system is the medications that have been prescribed to me. I truly need someone to review my case and fight for me. This is completely unjust. Thank you for the time and the respect given… (I NEED HELP)
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?
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