Why DUI Cases Are Rarely as Straightforward as the Police Report Makes Them Seem
Facing a DUI charge is overwhelming and stressful, which is why it is so important to hire an experienced DUI attorney. Your attorney can review police reports, DUI test results, and other records and documentation to uncover discrepancies, errors, and other information that may be able to help your case. Looking at this information yourself may be confusing because DUI arrest reports are rarely straightforward. In fact, police reports often contain subjective narratives rather than irrefutable evidence.
Janet Altschuler has decades of experience as a DUI lawyer in Tucson, AZ. She can carefully review all of the records related to your case and identify potential legal defenses like constitutional violations, lack of probable cause, and improper chain of custody or evidence handling. Here is a closer look at some of the ways that police reports may make a DUI case seem more open-and-shut than it is.
Subjectivity in Field Sobriety Tests
A police report may highlight improper administration of a field sobriety test. Tests administered to drivers who are young, nervous, ill, or have a physical disability may result in false positives. The results of your field sobriety test can easily be misinterpreted as well. If a police report contains an officer’s subjective inferences or observations, it may not stand up to being challenged in court.
Inaccuracies in Breathalyzer and Chemical Test Results
Breathalyzer devices require strict calibration and maintenance, and the test must be administered under very specific conditions. If a machine is malfunctioning, the results may be invalid. If officers do not adhere to the 15-minute observation rule before administering the test, there may be a false positive or inaccurate reading due to the interference of other substances.
Errors in Police Documentation
Police reports may also contain factual errors or be missing crucial information. Janet Altschuler and her team will review it carefully to see if there are discrepancies in the location of the vehicle, timing of events, descriptions of driver behavior, reason for the traffic stop, and other key details.
Issues With Chain of Custody and Evidence Collection
Officers must follow strict collection and chain of custody regulations to maintain the integrity of any evidence collected during a traffic stop and arrest. If evidence is improperly collected, handled, stored, or tested, the results may be inaccurate or subject to challenge.
Constitutional Violations
Janet Altschuler will also investigate the reason for your traffic stop. If the officer did not have probable cause to stop your vehicle, everything that occurred afterwards may be moot. If your constitutional rights were violated at any time during the stop, evidence collection, test administration, or arrest, she may have grounds to challenge the case.
Schedule a Consultation With an Experienced DUI Defense Lawyer
If you are facing DUI charges, you should not attempt to fight them on your own. Janet Altschuler is a skilled, experienced criminal defense lawyer who can investigate your case and look for potential inaccuracies, discrepancies, or violations that can be used to build a legal defense. If you have been Googling “DWI attorney near me in Tucson, AZ,” call our office now or contact us online to set up a free consultation.