Continuing from 7 DUI Myths that Can Impact You (Pt. 1), below we will dispel some more common misconceptions about DUI charges and cases.

More DUI Myths Dispelled

DUI Myth #3 – All DUI arrests made at sobriety checkpoints are valid.

Believing that BAC test results are irrefutable is one of the more common DUI myths. Don’t let DUI myths sabotage your defense. Contact us for a strong DUI defense.

Believing that BAC test results are irrefutable is one of the more common DUI myths. Don’t let DUI myths sabotage your defense. Contact us for a strong DUI defense.

When sobriety checkpoints have not be set up and/or operated according to specific legal guidelines, the fact of the matter is that any DUI charges stemming from these checkpoints can be subject to dismissal. This is because an experienced DUI lawyer can point out the illegalities of sobriety checkpoints and, in doing so, argue that the DUI charges should be dropped.

Just some of the factors that can contribute to sobriety checkpoints being deemed to be “illegal” (and, consequently, throwing the resulting DUI arrests/charges into question) include police:

  • Failing to run checkpoints for discrete periods of time
  • Stopping whatever drivers they want to, rather than having a nondiscriminatory method for stopping vehicles
  • Failing to document the details of the checkpoint in an official report.

So, if your DUI charges resulted from an incident at a checkpoint, you may want to talk to an attorney to find out more regarding whether that checkpoint was actually legal.

DUI Myth #4 – BAC test results are impossible to refute.

Again, this is simply not true. As official as the results of blood alcohol testing may seem to be, any number of different factors can lead to these results being questionable if not outright inaccurate. In particular, with breath BAC tests, the results can be subject to problems and potential inaccuracies when:

  • Police aren’t properly trained on how to use these devices.
  • Police don’t use the appropriate devices in the field.
  • Breathalyzers are not recalibrated between each use.
  • Breath tests are given before police have observed a suspect for 20 minutes (as required by law).

With blood BAC tests, the results can be inaccurate when untrained people (not qualified technicians) take blood samples, when the blood samples are mishandled, etc.

Be sure to check out the upcoming conclusion to this blog series for a few more facts associated with prevalent DUI myths.

Trinidad and Pueblo Criminal Defense Attorneys at Gradisar, Trechter, Ripperger & Roth

If you have been charged with a DUI or any crime, the Trinidad and Pueblo DUI and criminal defense attorneys at Gradisar, Trechter, Ripperger & Roth are ready to provide you with the highest quality defense services.

Experienced and respected, our Trinidad and Pueblo lawyers have been dedicated to helping our clients navigate the complexities of the legal system and to favorably resolving their important legal issues since 1972. With our trusted attorneys on your side, you can be confident that your case and legal matters will be brought to a successful resolution in the most efficient manner possible.

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To learn more about our superior legal services and how we can assist you, contact us by calling (719) 556- 8844 or by emailing us using the contact form on this page.

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Categories: Blog, Criminal Law, DUIs