Not every Minnesota driver accused of drunk driving is guilty. There are numerous issues that may arise during a traffic stop that may affect the ultimate outcome of a case. It is critical that someone facing such charges clearly understands his or her rights and what types of issues constitute legitimate reason to challenge evidence or request a case dismissal.
Breathalyzer tests are not always accurate
The following list includes several factors that can impede the accuracy of a blood-alcohol testing device:
- Improper calibration of device
- Uncertified person administering the test
- Radio interference
Such issues can affect the results that a Breathalyzer device. In fact, field sobriety tests, including preliminary, roadside breath tests, are often inaccurate as well. Medical conditions and other issues, such as having used a product containing alcohol, may register a false positive for alcohol on roadside breath test.
Challenging a DWI case based on police-related issues
If a Minnesota police officer makes a traffic stop, he or she may request that the driver exits the vehicle. This is usually a sign that the officer suspects drunk driving. However, if any of the issues included in the following list are relevant to a specific case, the defendant may have legitimate reason to challenge evidence or request a dismissal:
- No reasonable cause to make the traffic stop
- No probable cause for arrest
- Misconduct of police officer during the traffic stop
There are additional issues that would constitute just cause for a DWI defendant to challenge his or her case. For instance, if a violation of Fourth Amendment search and seizure laws took place, a defendant may then challenge supposed evidence that was collected in conjunction with the case. Facing DWI charges in Minnesota or elsewhere is a serious issue, which is why most defendants request legal support soon after arrest.
