SPELLMAN LAW, P.C.
Based In West Des Moines, Iowa, Practicing In Central
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The police might make mistakes in a DUI case

On Behalf of | May 23, 2022 | Blog, Drunk Driving |

If you are seen driving in an erratic fashion, your vehicle may be stopped by an Iowa police officer. Depending on what the officer finds after making contact with you, it’s possible that you will be charged with drunk or impaired driving. Of course, there is a chance that the officer will charge you with a crime even if it can’t be proven that you did anything wrong.

An officer may simply assume that you’re impaired

An officer must have a reasonable suspicion that a crime is being conducted before he or she can initiate a traffic stop. Otherwise, anything that is found on your person or in your vehicle cannot be used to justify taking you into custody for DUI. Furthermore, any other evidence used to justify taking you into custody may also be thrown out if it was discovered as part of an illegal traffic stop. Possible examples of reasonable suspicion include seeing your car being driven at a high rate of speed or without its headlights on. An officer may also have cause for a traffic stop if it’s determined that you have an expired license or vehicle registration.

Sobriety tests aren’t always accurate

There is a chance that the Breathalyzer test you took was flawed because the machine used to measure your blood alcohol level wasn’t calibrated properly. Furthermore, it’s possible that a mint, pasta sauce or other substances in your body might artificially inflate any reading that is taken by such a machine.

If the person who administers the test isn’t properly trained to do so, that might be grounds to have the result thrown out. This may also apply to blood, urine or other tests that might be conducted as part of a drunk driving investigation.

If you are convicted of a DUI charge, you may be sentenced to jail time, a fine and other penalties. However, if you can show that authorities erred when charging you with a crime, it may be possible to get the charge thrown out by a judge.

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Sean P. Spellman
Mary K. “Molly” Spellman