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2 errors police can make when gathering evidence in DUI cases

On Behalf of | Jan 10, 2023 | Drunk Driving |

For prosecutors, the consistency and reliability of the evidence are crucial in any criminal investigation.

However, there is a chance that police will make mistakes when an investigation calls for the collection and storage of physical evidence. Some of these are the consequence of human error, while others occur as a result of improperly following processes.

In any case, you have the chance to dispute the evidence against you. The following are only two examples of improper evidence-collection methods.

1. A failure to correctly carry out breathalyzer testing

There are specific steps that must be taken when a breathalyzer test is administered by the police. The findings of this test are crucial to the prosecution’s case against you since they provide the strongest proof that you were driving while over the legal limit.

Breathalyzers can not be relied on to be completely accurate. There are many outside factors that can affect the results. Certain procedures must be followed before carrying out the test in order for it to be admissible. A failure to make sure the machine was calibrated properly or waiting 15 minutes after the stop before doing the test can result in it being inadmissible in court. 

2. Not having a valid reason to arrest you

Police must have reasonable grounds before they may arrest you. For example, you could fail the Breathalyzer, have slurred speech, or they could smell alcohol on you. If there is insufficient evidence of probable cause, the arrest may have been unlawful and the entire case against you may be thrown out.

If you have doubts about the way the police handled their investigation following your DUI arrest, the evidence against you might not be admissible in court. You’ll have the best chance to analyze and contest the prosecution’s case if you get legal assistance as soon as possible.