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Monday, 10 December 2018 15:50

When are first-time DUI charges dropped?

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If your child is charged with a DUI, it can have serious repercussions.

To protect their future, you may have to challenge the charge. Make sure your child gets their due process. Here are a few reasons DUI charges may be dropped:

Probable cause while driving

An officer has the right to pull you over after committing a traffic violation, but for some individuals, drivers never committed one. For a traffic violation and DUI test to occur, officers must identify a specific traffic move or broken law. Some questions an attorney may ask your child may be:

  • Did you cross the center line?
  • Did you go through a red light?
  • Did you forget to use your blinker?

Probable cause for behavior

If an officer believes you are under the influence of alcohol, he or she has the right to conduct further testing, but your behavior must indicate a probability that you have been drinking. An attorney may ask:

  • Were you slurring your words?
  • Were your eyes bloodshot or were you unable to follow administered tests?
  • Were you able to stand and walk without trouble?

Chemical testing errors

An attorney can help identify incorrect usage of tests. Some questions around testing they will ask include:

  • Did the officer correctly use a breathalyzer?
  • How were you tested at the police station?
  • How were the tests documented?

Police errors

Police officers must follow exact procedures for DUI offenses. If they forget or fail to go through certain steps, DUI cases can be dropped. An attorney may consider:

  • Did the officer correctly administer chemical tests?
  • Did the officer read you Miranda Rights upon arrest?

Discrimination

Sometimes, the only reason an officer pulls someone over is that he or she looks suspicious. Profiling is never legal. A few simple questions an attorney may ask are:

  • Did the officer explain an exact reason you were pulled over?
  • Did they provide a sufficient explanation for the stop?

Fight for their future

Law enforcement mistakes may be a basis for a dropped or reduced DUI sentence. Challenging a DUI charge isn't easy, but can be worth the effort.

Birdsall Obear & Associates LLC


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