An arrest does not automatically mean that a criminal offender will be prosecuted or be found guilty in a criminal trial. There are situations where there is no evidence that a crime was committed. There are times when criminal procedures are not followed to the letter. Such situations can lead the prosecution or the jury to reject the evidence thereby rejecting the case. This applies to DUI cases as well. This article reviews some of the signs of a weak DUI case.
What is a DUI?
In our article titled, “DWI vs DUI: Know The Difference”, we discussed the definition of a DUI. Driving Under the Influence is the crime of driving after imbibing alcohol or taking drugs. The legal limit for alcohol consumption while operating a vehicle in California is 0.08% Blood Alcohol Concentration (BAC). A person who drinks and drives can cause damage to property and/or potentially injure or fatally injure themselves or others.
What is the penalty for a DUI?
A DUI can be penalized as either a misdemeanor or a felony. The level of injury or harm caused will influence this decision.
- A misdemeanor can carry a sentence of up to a year in jail and/or a fine. Probation, community service and counseling may be required. The offender’s driver’s license may be suspended as well.
- A felony can carry a sentence of up to three years in prison and/or a fine. The penalty can include the suspension and/or potential revocation of one’s driver’s license.
What are some of the signs that a DUI case is weak?
The following are signs of a weak case specifically when it comes to a DUI charge.
- The sobriety test was administered incorrectly. If the terrain is not even or if the person has a medical issue that can lead to a false positive, the test can be considered inadmissible.
- The breathalyzer device was broken. Technology does not always work when people want it to. If a breathalyzer is not functioning properly, it can lead to the test result’s exclusion.
- The breathalyzer showed that the threshold for a DUI (over 0.08%) was not reached. The legal limit in California is 0.08%. If a driver does not meet this threshold, they may not be able to be charged with the DUI. It is likely that the driver was driving in a way that made the police have probable cause to pull over the driver to initiate the test. The court will decide whether to pursue the case despite not meeting the threshold.
- The chain of custody was broken. Police procedure requires that law enforcement follow a chain of custody when it comes to preserving and possessing evidence. A broken chain of custody can mean that the evidence was tampered with which may make the evidence inadmissible. If the evidence is inadmissible, then the DUI case is weakened.
- In our article, “Signs Your Case Will Be Dismissed – A Defense Attorney Explains”, we reviewed some of the signs that a case would be dismissed. One of the signs that we covered is the Fruit of the Poisonous Tree Doctrine which states that good evidence can become inadmissible in court if the method of obtaining the evidence is illegal. Law enforcement is responsible for obtaining evidence as per the correct processes and procedures. Bad evidence will lead to a weakened DUI case.
In the event you are pulled over on suspicion of a DUI, keep these two points in mind:
- You have the right to remain silent. Speak only when advised to by your attorney. However, you will need to comply with the officer’s requests after being pulled over.
- Maintaining civility and acting polite will work in your favor. The police are not the members of law enforcement to argue with. You can discuss your grievances with the prosecutor via your attorney.
