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Three reasons DWI evidence gets thrown out

by | Mar 7, 2016 | Drunk Driving, Firm News |

When police arrest drivers for DWI, they often make it seem like they have an airtight case before charges have even been filed. Citizens must remember: DWI suspects are innocent until proven guilty in the eyes of the law.

There are many factors that can cast doubt on a prosecutor’s arguments in a DWI case. An experienced defense lawyer will closely examine:

  1. The stop: A police officer cannot lawfully pull you over based on a hunch or a guess. He or she must have reasonable suspicion to make the stop. Lacking that, a court may recognize the stop as illegal and deem any evidence gained from the stop inadmissible.
  2. Breath test results: Breath test machines are complicated instruments that must be properly calibrated and operated by qualified personnel. The results are notoriously unreliable – especially when mechanical problems and human error enter the equation.
  3. Field sobriety tests: Certain factors can render the results of a field sobriety test inadmissible in court. An injury, a vision problem, obesity-these and other impairments can prevent a sober person from performing the physical feats required to pass the test.

No matter how seemingly damning the evidence is, a skilled defense lawyer can use proven legal strategies to defend the rights of the accused.

If you have been arrested for drunk driving in Minnesota, make sure you talk to an attorney before making any statements to the police. Remember, anything you say can be used against you.

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