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Under what circumstances will DUI cases be dismissed?

Driving when you are not yourself is never encouraged anywhere in the world. That?s because roads are used by all people who have the right of safety. Drunk drivers are not sober in most cases. They are susceptible to making mistakes and trigger accidents. It is required that those caught committing the offense of be arrested and charged. The penalties include a fee, community service, special programs, jail time, increased premiums, suspension of ones driving license and others. Some can even be long lasting. Chances are that you may get any of these depending on how you defend yourself in court. But is it a must you have to be charged? Not really. There are some exclusions.

The stop was illegal

The role of the traffic police is to ensure order on the roads. They have no business stopping each and every other car they see. The point is, officers are not allowed to stop cars at random. There has to be some signs that show something is wrong with the vehicle or the conduct of the driver. Again, it does matter the spot where the stop happens. The stop is legal if it is done at the DUI checkpoint, the driver violates a certain traffic rule, equipment violation, there are signs of irregular driving or a vehicle is suspected to be stolen. Anything outside that does not warrant an officer to stop a vehicle. DUI lawyers are hence very keen to ensure that their clients were stopped in accordance with the law. If not, then the case is done.

Not taking breathe test

It is recommended by lawyers that drunk drivers not accept Breathalyzer test.  The officers are required to have a reason unto why they are to administer the alcohol test. If one is stopped for a certain reason say over speeding, then there has to be some preparatory tests to ensure that the driver is sober only that he/she is negligent. Drivers are however not to be obligated to any tests. It?s their decision to make. One can say no to a Breathalyzer. However, that could mean losing the driving license for a period of around one year. The  will then represent you in the appropriate hearing with proof of whether the stop was invalid, the test results were fake, no reason to call for tests, legitimate explanation unto why you refused the tests and so on.

Testing the test

DUI lawyers are well trained in how the various alcohol and drug tests are done. The police must be able to demonstrate Law that the procedure used was legitimate. Where that is not the case, then the lawyers have to step in and challenge the test. The health status of a driver say diabetic condition could mean that the results are impaired. Where protocols are not observed, then the results cannot be trusted.

These reasons explain why you need a DUI lawyer. You might not be able to prove some of these circumstances and get off the hook on your own.