The consequences of a DWI conviction can be serious. Your relationship might become strained and your professional reputation tarnished. On top of that, in severe circumstances, you may be looking at jail time. However, it is important to remember that not all DWI cases are straightforward. There are many moving parts and just because a person has been charged does not mean they are automatically guilty.
Like everyone else, law enforcement officers are only human. Police officers do make errors — and when they do so, they should be held to account. What sort of mistakes could a police officer have made during your DWI case?
Stopping you unlawfully
People have certain rights to their liberty, and the authorities should not interfere with those unnecessarily. Law enforcement has no right to pull people over in an arbitrary manner, they must suspect that something illegal is going on. If you were pulled over and subjected to breathalyzer tests and field sobriety tests without reasonable suspicion, then your constitutional rights may have been violated. If this can be established in court then the evidence being used against you could be thrown out.
Use of improper procedures
Law enforcement is obliged to follow strict protocol when carrying out investigations and admitting chemical Breathalyzer tests. Firstly, Breathalyzer tests must be in working condition and accurately calibrated. Failure to do this can mean that test results are skewed. Additionally, not everyone is entitled to admit chemical tests. Offices must have the correct training as well as certification for a test to be valid. Any failure to prepare or implement Breathalyzer tests correctly could result in the court deeming the evidence inadmissible.
A DWI conviction can be life-changing so it is crucial that you defend yourself. Having an understanding of your legal rights will ensure that you get the best possible defense.