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Top 3 Reasons Why DUI Cases Are Thrown Out

Posted by Mark Garka | Sep 17, 2018 | 0 Comments

In 2014, over a million drivers were arrested for driving under the influence of alcohol or narcotics. This is an exceptionally high number, but many of these drivers were never convicted for the crimes they were charged with. In fact, DUI cases are thrown out so regularly that we compiled the top three reasons why DUI cases never make it past the arrest.

1.Reasonable Suspicion

Police officers are required by law to reasonably suspect people have done something wrong before they pull them over. A police officer cannot choose to pull over a driver just because they have a hunch about his or her BAC levels. A ‘hunch' must have substantial evidence to become actionable. Therefore, when an officer pulls someone over, they must have reasonable suspicion to do so, if they do not have reasonable suspicion, a DUI charge may get thrown out.

Legitimate reasonable suspicions include, but are not limited to:

  • A driver swerving across the road
  • A driver failing to put on headlights
  • A driver failing to put on turn signals
  • A driver breaking normal traffic laws

2.Breath Test Analysis

A key component of DUI arrests is a breathalyzer test. A breathalyzer is a device that a police officer has you breathe into to find your BAC levels. While a breathalyzer can come out with accurate readings, a breathalyzer can also malfunction and give faulty readings.

Additionally, breathalyzers must be adequately maintained for their readings to be viable in a court of law. Unfortunately, not every officer is as diligent as he or she should be when using a breathalyzer, which can result in negligent usage of a breathalyzer device. If a police officer negligently handles the device, a person's case can be thrown out.

3.Fighting License Suspension

When people are charged with a DUI, their driver's licenses are subject to suspension regardless of the criminal court case proceedings. If you successfully regain your license in the administrative proceeding of your case, there may be a chance that the prosecutor in your criminal case will not pursue prosecution. When this happens, the prosecutor dismisses your case on their end of the legal proceedings.

We hope this list helps you see that DUI cases are not as straightforward as you may have previously thought. If you or a loved one are charged with DUI, do not hesitate to call attorney Kevin Cahill at (888) 252-1961 for a free consultation of your case.

About the Author

Mark Garka

Mark is a solo-practitioner who limits his practice to DUI Defense. During Law School, he worked in the Juvenile Division for the Snohomish County Prosecuting Attorney's Office and he also worked in the Corrections Division at the Attorney General's Office. After completing his degree, he clerked...

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