Common Reasons That DUI Charges Don’t Hold Up in Court - Sand Law North Dakota
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Common Reasons That DUI Charges Don’t Hold Up in Court

24th May 2021

Common Reasons That DUI Charges Don’t Hold Up in Court - Sand Law PLLC North Dakota Criminal Defense Lawyer

It’s very common for driving under the influence charges to be dropped before your case gets to trial. In some cases, the prosecution will drop the case when they know they’ve made a mistake. In other cases, it takes a good and persuasive criminal defense attorney to convince the prosecution that their case isn’t valid.

For this reason, we advise our clients to never plead guilty to DUI charges, as police routinely fail to follow proper procedures when performing arrests. Not only that, but district attorneys lack evidence and the prosecution knows that the case won’t stick.

Both judges and prosecutors can drop charges for DUI cases. If your case is dropped completely, you don’t have to worry about the case, going to trial, or any repercussions from the stop.

Suspect Not Given Opportunity To Contact An Attorney During The Dui Investigation

North Dakota law states that everyone has a right to counsel under Rule 44 (a) Right to Counsel. This law states that you have the right to an attorney even if you cannot afford one. If they don’t give you the opportunity to speak with or hire an attorney to defend your case, your case isn’t viable.

If you’re put on trial with no way to defend yourself, of course, the prosecutor is going to win your case, that’s why it’s vital not only that they allow you to seek counsel, but that you actually seek counsel.

BAC Test Was Inaccurate

BAC or Blood Alcohol Content tests are commonly inaccurate. These breathalyzer tests that are used on the road measure the amount of alcohol that’s in someone’s blood by checking the person’s breath. If this is the only test that’s performed to see whether or not you’ve been drinking, the consensus may be inaccurate.

Not only are BAC tests usually inaccurate within a few points, but they can also pick up substances that aren’t alcohol, such as prescription or over-the-counter medications. If the only evidence they have is your breathalyzer test results, you may be able to get your case thrown out with the help of a persuasive attorney.

Vehicle or Person Was Stopped Illegally

If the police didn’t have the grounds to stop your vehicle legally, your case will quickly get thrown out. The police are only allowed to stop your vehicle if you’re doing something illegal, such as speeding, running stop signs, or committing other traffic violations. They can also stop you if they believe that you’re endangering other people or yourself with your behavior. For example, if you’re weaving in and out of traffic.

If you’re not breaking any laws and you’re driving safely, the police officer probably didn’t have the grounds to pull you over.

Field Sobriety Test Is Inaccurate Or Invalid

Field sobriety tests are outdated and inaccurate. Most of the tests that are used—including the walk and turn test, the horizontal gaze nystagmus test, and the one-leg stand test—don’t prove very much. There are many reasons, aside from being intoxicated, that people may fail these sobriety tests. For example, a person may fail the walk and turn test and one-leg tests simply because they have poor balance.

No Evidence Of Suspect Driving Vehicle Or Being In Actual Physical Control

Sometimes, the police will commit an arrest when they see that someone is within proximity of their vehicle. This can get tricky, especially when people choose to use their vehicle as a shelter. For example, if a bar closes at 3 am, and you’re still intoxicated and you choose to sit in your vehicle, a police officer may arrest you for drunk driving.

A good attorney will be able to argue that you never had any intention of driving, but instead were just using your car as a place to sober up, which is much safer than driving away while still intoxicated.

You Weren’t Advised of Your Right To Speak With A Lawyer

When you’re arrested, you must be read your Miranda Rights. These rights tell you that you have the right to an attorney, even if you can’t afford one. If they don’t read you your Miranda Rights when you’re arrested and placed in custody, your case may be thrown out altogether because all statements made about your case will no longer be valid.

Vehicle Was Illegally Searched

An office is only allowed to search your vehicle if they believe that you are doing something illegal. They may ask to search your vehicle. If you say no and they search it anyway, their search may have been against the law, meaning that whatever they found during that search can’t be used against you.

Contact a North Dakota DUI Defense Attorney Today

If you’ve been wrongfully arrested for driving while under the influence of alcohol, hiring an attorney is the best decision that you can make for your case. An attorney will be able to look through all the loopholes to find out if your case can be thrown out altogether.

If your case cannot be thrown out, they’ll help you get a plea bargain or less jail time. For more information or a free case evaluation, please contact our talented team of attorneys here at Sand Law. You can contact us online or at 701-609-1510.