Being pulled over by the police and accused of driving while intoxicated can leave a driver with a sense of shock. It's important to remember, however, that the cops still have an obligation to do their job well and prove that something happened. These four cases illustrate why it's wise to consult with a DWI attorney.
Is This Thing On?
The discovery process is when both sides have to hand over whatever evidence they have to each other in a criminal case. In a DUI case related to a 2014 arrest in Virginia, a man ended up having charges against him dismissed by the judge because there was no evidence of what happened during a field sobriety test. When the officer had walked the man in front of the car, the view of what was happening was blocked and no audio was picked up. The man's DUI attorney was able to obtain the video in the discovery process, and three additional cases involving the same officer were thrown out.
Auto-Brewery Syndrome
It's hard to immediately dispute the reading that a breathalyzer test gives when you're beside the road, as a woman in New York State learned when she registered one that was four times the legal limit. It had been hours since she last had a drink, and the hospital that the police took her to was willing to immediately release her.
Her DWI attorney was intrigued and decided to do some research on the internet. The lawyer learned about a rare condition known as "auto-brewery syndrome" where the germs in a person's digestive tract can produce fermentation. The defense was presented, and the judge tossed the charges.
Two Medical Conditions
An Arizona woman who had beenchar through a dental surgery and was using an asthma inhaler was ged with a DWI following a BAC reading of 0.048. Blood tests were produced only five months later, and her DUI attorney showed the court that her BAC had been just 0.002.
Completely Sober
A man in Austin, TX, was stopped after running a red light, and the police proceeded to conduct a field sobriety test. Despite the fact that his test registered a 0.0 BAC reading, the police arrested on suspicion of a DUI, claiming they considered it a "take no chances" situation. A blood test revealed he had no alcohol or drugs in his system, and the charges were dismissed.
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