What are my chances of having a DWI/DUI charge dropped if the officer didn’t follow proper procedures?

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What are my chances of having a DWI/DUI charge dropped if the officer didn’t follow proper procedures?

If I was charged with a DWI and the Intoxylizer 5000 read an ambien error with 2 other intoxicated individuals in the room, what are my chances of having it dropped if the officer didn’t follow proper procedures and wait the allotted amount of time before attempting the test again? It registered a .15 both times but I only had 3 beers the entire night over a 3 hour period. I just can’t believe it could be an accurate reading.

Asked on July 10, 2012 under Criminal Law, Minnesota

Answers:

Russ Pietryga / Pietryga Law Office

Answered 9 years ago | Contributor

The intoxylizer is just one piece of evidence.  Even if, for instance, the judge suppression the admission of the intoxylizer results, the prosecutor can still go forward with the following evidenc:

driving pattern;

smell/blood-shot eyes/slurred speech/etc.;

Admission;

Field Sobriety Test; and

etc.

However, the intoxylizer results are usually the most damning piece of evidence.  If you can get the results ruled inadmissible, you certaintly have a betterh chance of receiving a more favorable plea.

Hope this helps.


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