Former Prosecutors Committed To Protecting Your Rights

Could a police mistake help you avoid a DUI conviction?

If you face DUI charges, the police are typically the last people you would ask to help you overturn those charges. After all, it was the police that charged you in the first place. 

They will not willingly help you beat the charges, yet they may do so unwittingly. The officers were just doing their job when they stopped you and charged you with drunk driving. Yet, if they did not do their job to the letter of the law, they gift you opportunities to exploit in your defense. Here are some of them:

They set up the sobriety checkpoint wrong

The police cannot just drop a few cones where they feel like it. Checkpoints need pre-approval and require specific signage.

They forgot to take the breathalyzer for calibration

It might not necessarily have been the duty of those particular officers, but someone at the police force must ensure all breathalyzers get regular calibration and record it. Otherwise, you may be able to claim the machine read wrong.

They did not give clear instructions for a field sobriety test

You might have more chance of using this argument if your English is not great, arguing you failed because you did not understand what the officer was asking you to do.

They forgot to read you your Miranda rights

Under certain situations, the police must inform suspects of their rights to seek an attorney and remain silent under questioning, among other things. If they forgot, a court may throw out your case or at least suppress any evidence the police gained improperly.

It pays to examine all defense options if facing DUI charges. With legal help, you might just find one that helps you beat the charge.