Like any criminal charge, a DUI can be dismissed under certain circumstances. An experienced criminal defense lawyer is going to be well-versed in the best, most effective ways to get DWI charges dropped. In this article, you’ll learn how a lawyer can get a DWI charge dropped. Remember you can find legal advice with an Austin DWI Lawyer here. 

Suppression of Evidence

Police officers are primarily trained in detecting criminal behavior and apprehending criminals—their constitutional law training is not as robust. Because of this, they regularly mishandle evidence. Any mistakes law enforcement makes with collecting evidence or the chain of evidence can result in getting that evidence suppressed. Suppressed evidence can not be used in court. Without the necessary evidence, a judge can not convict.

How can the way evidence is collected be mishandled? Evidence can be suppressed if gathering it violates the person’s rights. Likewise, evidence can be suppressed if it wasn’t processed correctly (paperwork, storage) or if its reliability is otherwise in question. 

Reasonable Suspicion

One of the most common reasons DUI cases get dropped is because the police did not have what’s known as “reasonable suspicion” to pull the driver over. Police can not just randomly pull people over without legal cause. Facts or circumstances must exist to motivate the traffic stop. This (theoretically) prevents, for example, racial profiling as motivation for a traffic stop. 

The Supreme Court defines “reasonable suspicion” as: “The common sense conclusion about human behavior upon which practical people…rely.” If a driver was going unlawfully slow, swerving, non-responsive at a green light, or something along those lines, that would constitute reasonable suspicion of being intoxicated behind the wheel. It’s also legally acceptable if a driver was pulled over for a broken tail light or expired tags and then the police officer discovered the driver was showing signs of intoxication.

Probable Cause

A police officer needs “reasonable suspicion” to pull you over and “probable cause” to conduct a breathalyzer or blood test, to search your vehicle for alcohol, or to arrest you for a DUI. Without what police call “PC” (probable cause), your blood-alcohol content test may not be admissible. Probable cause is defined as: “A reasonable person would believe that a crime was in the process of being committed.” In other words, you must smell like alcohol, slur your speech, be off-balance, have dilated pupils, or show a similar sign of intoxication in order for the officer to detain you. A hunch or suspicion is not enough. Your lawyer can have evidence that was collected without PC suppressed.

Blood Alcohol Concentration Test Errors

Breathalyzer devices are not foolproof. If you know the blood-alcohol content reading you received was not accurate, your lawyer can make this argument. Blood-alcohol content results can be thrown out for any of the following reasons:

• The driver had taken a prescription medication known to show a false positive result (for example, certain acid reflux medications)
• The device was in disrepair, faulty, or improperly calibrated
• The officer who conducted the breathalyzer was not well-trained on how to use the device
• The driver had consumed something other than alcohol that is known to show false positive results 

Here are some items known to yield false positive blood-alcohol content readings:

• Most mouthwash and breath sprays
• Suffering from acid reflux (experiencing heartburn during the BAC test can trigger a false positive)
• Suffering from diabetes (ketones, which can be elevated in diabetics, cause false positive results)
• Asthma inhalers (albuterol, budesonide, salmeterol)
• Protein bars
• Nyquil, some Vicks products, generic versions of these medications, and other OTC medicines containing alcohol (such as certain cough drops)
• Energy drinks
• Anbesol and other canker sore and toothache gels
• Ripe fruit

Even things like having breathed in toxic fumes (adhesives, chemicals, varnishes) or fumes from a building with bad ventilation can show elevated BAC levels. There are many other ways in which blood-alcohol content results can be flawed—these are just some of the most common scenarios.

David D. White Is a Tough Austin DUI Defense Lawyer! 

If you require a fierce, experienced, and knowledgeable DWI defense lawyer in Austin, the Law Office of David D. White is top-rated. Our office has defended DWI and DUI charges since 2008. We are available 24 hours a day, so don’t hesitate to reach out for legal advice. Book a free consultation with one of our attorneys now!