If you’ve been arrested and charged for driving under the influence (DUI), you might feel like your situation is hopeless. Although it may seem like an ironclad, open-and-shut case, the fact is that while many DUI cases don’t go to trial, a large number are not as strong as they initially appear. Understanding the signs of a weak DUI case can provide hope and a path forward, especially for defendants wondering if they should fight a case in court.
5 Signs That a DUI Case is Weak
The experienced team at Clark Hartpence Law specializes in defending clients against DUI charges and ensuring their legal rights are fully protected. This informative guide identifies the strongest indicators that determine the strength of a case — and the likelihood of conviction. From lack of probable cause to potential police misconduct, these are five signs that prosecutors likely don’t have a strong case.
1. Lack of Probable Cause for the Traffic Stop
One of the foundational elements of a DUI case is the traffic stop itself. For a stop to be lawful, law enforcement officers must have a reasonable suspicion that a traffic law has been violated or that the driver is impaired. If the stop lacks probable cause, any evidence gathered as a result can be deemed inadmissible in court.
Common Scenarios Indicating Weakness:
- The officer stopped the vehicle without witnessing any traffic violations, such as swerving, speeding, or running a red light.
- The stop was based on an anonymous tip without independent verification by the officer.
- The reason for the stop was not documented clearly in the police report.
Challenging the validity of the stop is often a powerful defense strategy. If the stop is found to be unlawful, the entire case may be dismissed.
2. Faulty Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used by officers to establish probable cause for a DUI arrest. However, these tests are highly subjective and can be influenced by multiple factors unrelated to intoxication, including medical conditions, fatigue, or even nervousness.
Signs of Faulty FSTs:
- The officer did not provide clear instructions or demonstrate the test before asking you to perform it.
- Environmental factors, such as uneven pavement, poor lighting, or adverse weather conditions, affected your performance.
- The officer failed to consider physical or medical conditions that could impair your ability to perform the tests, such as injuries or balance disorders.
An experienced DUI defense attorney can scrutinize the administration and scoring of FSTs to identify weaknesses in the prosecution’s case.
3. Inaccurate Breathalyzer Results
Breathalyzer tests are a cornerstone of DUI evidence but are not infallible. In many situations, they are not administered properly, leading to inaccurate results that can be challenged in court.
Factors Affecting Breathalyzer Accuracy:
- The device was improperly calibrated or maintained according to the manufacturer’s specifications.
- The officer did not administer the test correctly, wait the required observation period, or properly observe the defendant before conducting the test.
- The presence of mouth alcohol, which can result from recent alcohol consumption, mouthwash, or certain medical conditions, led to an inflated reading.
- Medical conditions such as acid reflux, diabetes, or a ketogenic diet can produce false positives.
Defense attorneys can find reasonable doubt regarding the reliability of breathalyzer results by examining maintenance records and the specific circumstances of the test.
4. Inconsistent or Incomplete Police Reports
A police report is a critical piece of evidence in any DUI case. It should provide a clear, detailed account of the events leading to the arrest. However, in certain circumstances, inconsistencies, omissions, or errors in the report can significantly weaken the prosecution’s case.
Red Flags in Police Reports:
- Contradictory statements about the reason for the traffic stop or the suspect’s behavior.
- Lack of detail regarding the administration of field sobriety tests or the results of chemical tests.
- Failure to accurately document the time and circumstances of the traffic stop and arrest.
- Missing or incomplete sections of the report, which can indicate biased or unacceptable police work.
- Contradictory witness testimony, video evidence, or written evidence
While building a defense, experienced defense attorneys will meticulously review the police report for any discrepancies or omissions that can be used to undermine the prosecution’s case.
5. Police Misconduct and Rights Violations of Your Rights
Throughout the DUI arrest process, law enforcement officers must adhere to strict procedures and protocols designed to protect your constitutional rights. Any deviation from standard procedures during the traffic stop, arrest, and charging process can jeopardize the prosecution’s case.
Common Rights Violations:
- Failure to read your Miranda rights after you are taken into custody and before questioning you.
- Conducting an unlawful search of your vehicle without probable cause or your consent.
- Coercion or intimidation tactics are used during questioning or while administering tests.
- Prolonged detention without cause or denying you the right to contact an attorney.
If your rights were violated at any point during the arrest process, an experienced DUI defense attorney can use this as leverage to have evidence or testimony suppressed or possibly have the charges dismissed entirely.
How an Attorney Can Help Defend Your DUI Case
Facing a DUI charge can be daunting, but it’s important to remember that not all cases are airtight. No matter what, a DUI arrest and charge is not a conviction, and you deserve a strong defense and an attorney in your corner. An attorney can work with you to build a pathway to the most favorable outcome by evaluating your charge and identifying weaknesses in the prosecution’s case.
Clark Hartpence Law attorney Jeremy Clark was a public defender in the Sixth Judicial Circuit and has an extensive understanding of the laws and penalties around DUI charges and trials. With the focused experience of our entire team, our firm has the expertise to respond to arguments the state of Florida commonly uses in DUI cases.
Contact Clark Hartpence Law Today for a Free Consultation
If you or someone you love has been involved in a DUI and you don’t know how to move forward, let us help you. Our legal experts will ensure you have the best outcome possible. Call us at (855) 680-4911 or schedule a free consultation.
Disclaimer: This blog is for informational purposes only and does not create an attorney/client relationship.