When a person has been pulled over under suspicion of driving under the influence of alcohol, the police administer a BAC (blood alcohol content) test to determine if they are above the legal limit. If they are determined to be above the legal limit for driving, they will be arrested and charged with a DUI. However, this does not mean they are guilty, and a DUI Law Attorney in Miamisburg OH may be able to help them avoid a conviction.
BAC Tests Aren’t Infallible
While BAC tests like the breathalyzer should be able to determine if a person was over the legal limit, this depends on them being properly calibrated and used. If the lawyer can show they were not used properly or were not calibrated before use, it could mean the evidence from the BAC is not accurate and, therefore, cannot be used against the person in a trial.
Other Options for Dismissing the Evidence
Another way to dismiss the evidence from the BAC is to prove the officer should not have pulled the person over. Officers must have a reason to pull over a driver and administer the DUI tests before they arrest them. The reason does not have to be significant and can be as simple as they saw the person swerve while driving, but they do need to have a reason. If they were pulled over without reason, the evidence resulting from the stop might not be admissible in court.
When There Isn’t Enough Evidence
Dismissing the evidence against a person by proving the stop was not legal or proving the BAC may not have accurate results means there may not be sufficient evidence for a conviction. This could lead to the charges being dismissed because there is not enough to secure a conviction. If the case is not dismissed before trial, it could lead to a not guilty verdict.
If you’ve been arrested and charged with a DUI, contact a DUI Law Attorney in Miamisburg OH as quickly as possible. They might be able to demonstrate there is not enough evidence to convict you of this charge and you may be able to avoid the serious penalties that typically accompany a DUI conviction. Visit tsmslaw.com now to learn more.
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