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3 Big Mistakes the Police Make That Could Get Your DUI Dismissed

Joe Calvin by Joe Calvin
September 16, 2025
in Lifestyle
0
3 Big Mistakes the Police Make That Could Get Your DUI Dismissed

3 Big Mistakes the Police Make That Could Get Your DUI Dismissed

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Did you know that someone gets injured in a drunk-driving crash every 2 minutes? Driving a car can be hazardous enough on its own, but when you add alcohol into the mix, it can become fatal for everyone involved.

If you’ve had too many drinks at a New Year’s party, for instance, it’s possible that you could make the dangerous decision to drive home.

Are you worried about being arrested for a DUI? Keep reading to learn all about 3 big mistakes the police make that could get your DUI dismissed.

Table of Contents

Toggle
  • 1. Lack of Driving Evidence
  • 2. Mistakes Made at a DUI Checkpoint
  • 3. Breathalyzer Inaccuracies
  • Ready to Avoid Being Arrested for a DUI?

1. Lack of Driving Evidence

One great DUI defense involves whether or not there’s sufficient proof that you were driving while intoxicated. There may be proof that you were under the influence, by that’s not definitive proof that you were behind the wheel.

It’s up to the police officer to provide sufficient evidence to the prosecution demonstrating that you were driving while under the influence. This is the only way for them to convict you of the crime. You’ll be glad to know it’s not such an easy process.

If the DUI charge is in relation to a car accident, then the prosecution will need eye-witnesses, for instance. Those witnesses would have to confirm that you were driving the vehicle during that time.

However, it’s important to be aware of the laws within your specific state. For instance, some states can charge you with a DUI even if you’re just sitting in the driver’s seat of your vehicle without driving. In that case, it could be difficult to get your DUI dismissed, but it’s not impossible.

2. Mistakes Made at a DUI Checkpoint

If you’re facing a misdemeanor DUI, then you could get it dismissed if the police officer didn’t follow the proper procedures of a DUI checkpoint. The laws and procedures might vary from state to state, but if a police officer doesn’t follow all the guidelines, then that could work in your favor.

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For instance, police officers must have a drug recognition expert present, stop vehicles randomly, and publicize the checkpoint.

3. Breathalyzer Inaccuracies

The last thing you want is to be found guilty of a felony DUI charge. Your criminal defense attorney could call into question the legitimacy of your breathalyzer results.

Not every test is 100% accurate. In fact, breathalyzers have an error rate ranging between .005% and .02%. This error rate can increase if the test isn’t properly administered by the police officer.

Even having a keto diet can alter the results of a breathalyzer because the excessive ketones in your body are similar to the isopropyl alcohol compound.

Ready to Avoid Being Arrested for a DUI?

Now that you’ve learned all about 3 big mistakes the police make that could get your DUI dismissed, you can have peace of mind.

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With these legal strategies, you can make sure that you aren’t arrested for a DUI.

There are more life hacks you can use to get the upper hand in any situation.

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If you’d like to learn more, then don’t forget to bookmark our website.

Tags: DUI

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