Each driving under the influence case is unique and has its own set of issues to carefully evaluate. Successfully defending a drunk driving charge requires in-depth analysis of your specific situation. Sometimes we get a not guilty verdict through persuasive presentation of the evidence at trial. Other times, we may get a case dismissed at a suppression hearing. You need a focused Kansas DUI attorney to fully analyze your case to determine potential winning issues for you. Relevant factors for securing an acquittal or dismissal of a driving under the influence charge may include: - Trial. If at trial, the jury is not convinced beyond a reasonable doubt that the driver was intoxicated to a level that they were incapable of driving safely. This will depend on how the evidence is dealt with in front of the jury, what evidence is coming in, the facts of your case, the persuasiveness of the lawyer, the ability of the prosecutor, and so forth.
- Improper testing. Certain tests such as touching one's nose with a finger, walking and turning, reciting the alphabet backwards, counting, or balancing on one leg might not be admissible in court. There are specific rules and procedures, per NHTSA, which are to be followed when giving field sobriety tests. If the officer deviates or incorrectly administers the tests, it could lead to that evidence being suppressed as well as the results of the intoxilyzer.
- The lack of probable cause. The police must make specific observations to conclude that they have probable cause to arrest a person for a DUI. Portable breath tests (also known as PBT's) are usually inadmissible into evidence. The lack of a lawful reason to stop your vehicle means that the evidence against you should not be admissible and used against you in court. This analysis can hinge on numerous issues and requires careful scrutiny.
- The Breathalyzer test may not be reliable. If the test is not reliable, it may not be able to be used against you in court. Reasons to exclude a breathalyzer/intoxilyzer test from evidence include: an uncertified machine, an inexperienced or unlicensed operator, a machine operating incorrectly, or an incorrectly performed test. Some cases benefit from an expert testifying about the unreliability or error of the breath test machine.
- Evidence may be the product of an illegal search. Any evidence that is the product of an illegal search would likely be inadmissible in court.
- Misconduct by Law Enforcement - Police officers should know and follow the law. However, they sometimes mess it up. This can often work in your favor and cause the evidence against you to be suppressed. Losing evidence as a result of a suppression hearing not only weakens the prosecutors case, but often leads to the case being completely dismissed.
- Police Officers not appear at hearings - Officers are people, just like you and me and sometimes either forget or purposely skip the hearing.
- Medical and Health problems. These can factor into a court's analysis in determining whether there was reason to believe that the suspect was impaired.
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