Any time a police officer pulls you over while you are driving, it can be extremely stressful and daunting. In some cases, you may already realize you were going over the speed limit or that your tail light is out. In other scenarios, you may have no idea why they pulled you over in the first place. However, attorneys know that one of the scariest situations that can happen is when a police officer pulls you over and wrongly accuses and charges you with a DUI. Most people know that the consequences of a DUI conviction can mean a license suspension, large fines, a criminal record, and even jail time. Therefore, it is beneficial to work with an attorney. They will go over every detail of your case to determine the best ways to challenge this charge.
What is a false DUI?
When a police officer arrests you and detains you against your will after they assume you were driving under the influence of drugs or alcohol, the law considers this to be a false DUI. This can happen when the police officer does not do their due diligence when they pull you over and instead assumes—without proper evidence—that you were driving under the influence. This can happen if they did not follow the legal BAC test procedures with your blood or breath. When this is the case, you should still remain respectful and not fight the police officer as this could come back later during the court proceedings. Instead, ask to speak with your attorney as soon as possible and avoid answering any questions or making any statements before your attorney is present.
Thus, if you were not driving under the influence (and not committing a criminal offense) the law considers the police officer to have made a false DUI arrest.
Is it possible to not pass the breath test and still not be driving under the influence?
In certain cases, you may not be driving under the influence but still not pass the police officer’s breath test. For example, if you have already had a drink or two of alcohol (but not enough to raise your BAC to .08) and you are diabetic or suffer from heartburn, it is possible that your medical condition can raise your BAC by up to 0.6, thus falsely skewing your breath test results. When this is the case, a court would consider the DUI arrest to be unjustified.
Do I need an attorney?
When you are trying to prove that a DUI arrest was unjustified, you should hire a DUI attorney in DC who understands the laws regarding driving under the influence of drugs or alcohol. Attorneys have been practicing in this area of the law for many years and are extremely vigilant and dedicated when it comes to examining the details of their cases.
Thanks to the Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and false DUI charges.