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Three reasons DUI evidence gets thrown out

If you have been arrested for DUI/OWI in Michigan, the police may claim to have a strong case against you. You may even be tempted to plead guilty simply to put this matter behind you. This can be a grave mistake. 

No matter how "open and shut" the police claim their case is, there are viable defense strategies a skilled lawyer can use on your behalf.

Three of the most common reasons DUI cases get thrown out are:

  • The stop: A police officer must have a good reason to pull you over. A stop cannot be based merely on a hunch or a guess. If you were stopped for no apparent reason, a court may rule that the stop was illegal, rendering evidence obtained from the stop inadmissible in court.
  • The breath test: Breath test evidence often plays a key role in a DUI investigation, but the results are not always reliable. Malfunctioning equipment, faulty calibration, untrained personnel operating the equipment - any of these factors and more may call the machine's reading into question.
  • The field sobriety test: Under the right circumstances, a perfectly sober person can fail a field sobriety test. These tests are highly subjective and fail to take into account physical disabilities, obesity, health problems and other factors that make it difficult for a suspect to pass the test.

An experienced criminal defense lawyer will apply close scrutiny to all of these factors and more when preparing your case. Before you make any statements to police investigators or make any important decisions, it is important to consult with a DUI defense lawyer who can determine the true strength of the charges against you.

The consequences of a conviction are too harsh to accept without a fight. Remember, you are innocent until proven guilty in the eyes of the law. 

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