If you have ever had one or two drinks, perfectly capable of driving, and been pulled over by the police, you have probably been issued a DUI. Drunk driving tickets have become more common as California continues to strengthen its driving laws. However, you may have a good chance of fighting your ticket and avoiding a DUI if the law enforcement at the time of arrest makes any of these five common mistakes.
- Use of a Breathalyzer to Determine Alcohol Level
Breathalyzers are not as accurate as most people think, especially when it comes to sealing a DUI conviction. Concentrated alcohol can remain in your mouth, which can make the test results test inaccurate or high because of the direct contact with alcohol. Moreover, the machines can malfunction or be improperly used by an officer who is not correctly train to administer the test.
- Delayed Blood Alcohol Content Testing
If you refuse to submit a field sobriety test, law enforcement can take you to a hospital emergency room to have your blood drawn to test for blood alcohol content (BAC). Emergency rooms are obligated to attend to emergencies first, so a healthy person waiting for a DUI blood draw would have to most likely wait much longer.
Alcohol remains in the blood stream because your body must break it down into simple sugars before it is detectable in the bloodstream. As such any lengthy delay in the ER can result in a significantly higher BAC than it would have at the time of the arrest.
- Mishandled Blood Testing
If the hospital improperly stores your blood, cross-contaminates it, or lets it sit for a long time before testing (resulting in fermenting), it could account for a much higher BAC.
- Lack of Miranda Rights
Reading of Miranda Rights is necessary for an arrest, but it does not mean law enforcement will always follow protocol. If you are not administered your Miranda rights at the time of the DUI arrest, the arrest and all subsequent charges are void.
- Mishandling of Paperwork
An experienced and knowledgeable Central Valley DUI defense attorney can catch errors in DUI arrest paperwork by examining the entire arrest record to search for inconsistencies. Even the slightest inaccuracy can result in a dismissal of the DUI arrest and avoid a conviction.
Call an Experienced Central Valley DUI Defense Attorney
If you or someone you know has been arrested for a DUI, it is in your best interest to immediately consult with an experienced criminal defense attorney to help you learn your legal rights and options.
For more information or to schedule a complimentary consultation with Central Valley drunk driving defense attorney Gurjit Srai, please call 209-323-5558 or complete our online form.