You may be surprised to learn that DUI cases get dismissed all the time. Whether the field sobriety was administered poorly, a breath test was done improperly, or you were stopped inappropriately by an officer, there are many things a good DUI attorney can look at in order to try to get a case dismissed or at least to improve your odds of coming out on top.
Field Sobriety Test Was Done Incorrectly
The field sobriety test is a voluntary set of tests that an officer will ask drivers who they suspect of being intoxicated to take. The tests are completely voluntary and you are free to refuse to take them. However, a refusal to take the tests may result in getting arrested. The tests administered usually include the Horizontal Gaze test, an alphabet test, a finger to nose test, and a test in which you are asked to stand on one leg. All of these tests must be performed in a specific way, otherwise they may end up being invalid. If the field sobriety test was administered incorrectly, as per the standards set by the National Highway Traffic Safety Administration, the DUI case may get dismissed.
Police Stop Was Illegal
Washington law has limits on the reasons why a police officer can pull over a vehicle. In order for a police officer to pull someone over legally, they should have reasonable suspicion that the driver should be pulled over. If the police officer cannot explain to a judge why the driver was initially stopped or why they had reasonable suspicion, the stop itself may have been illegal. If this is the case, the DUI case may end up being thrown out. We always look at why the police pulled our clients over in the first place. If there is any reason to believe that the officer’s stop was invalid, we can use that as a defense in court.
Other Improperly Administered Tests
After the DUI arrest, individuals will generally be given a chemical test to determine their BAC. This test is typically considered to be more accurate than the breath test. However, accurately measuring BAC is difficult and the individuals doing the analysis require special training. If any of the established procedures were not followed properly, or any of the individuals involved in the testing were not appropriately certified, the case may get dismissed.
There are many other ways a DUI case can get dismissed in Washington and many more defenses to DUI. A Washington DUI attorney may be able to help you find these defenses.
If you have been charged with DUI in the state of Washington, contact Dan Murphy’s Law Offices today for a free consultation.
Call today — (253) 312-6122 — your future may depend on it.