During arrest and your criminal trial, the authorities are required to follow specific protocol. If you find that you have not been treated according to your rights or if the police have failed to respect you accordingly, then you can often challenge these methods in court. Some technicalities aren't severe enough to alter the course of a DUI case. For example, if an officer misspells your name on the police report or if the blood test papers don't have a witness's signature, these typically aren't enough to help you avoid your charges. In these cases, chances are that the police will correct the action and proceed with your case.

There are some incidents which may be serious enough to work with in your case. A DUI lawyer can help you to learn more about what these technicalities are and how to challenge them in the court. In general, a misspelling or incorrect license plate number is not a fatal mistake and will not result in a DUI dismissal. There are times when an increasing amount of false documentation and misspellings may give the defense cause to challenge the nature of the arrest. An abundance of missed signatures may present an issue, though that isn't increasingly common.

If you were pulled over during a traffic stop but the officers did not have any primary purpose to pull you over, then there is a possibility that you can challenge your case based on these details. Police officers are required to prove reasonable suspicion prior to pulling over any driver. If the officer didn't observe any swerving, traffic signal violations or erratic and reckless driving, you may be able to challenge the circumstance under which you were stopped in the first place. You also may be able to challenge your DUI if you were forced to take filed sobriety tests. While the police can ask you to comply with these tests, they are not mandatory.

In addition, if you were given a blood test by an officer that did not have the certification and training to issue the test, you may be able to challenge your DUI on this front. Only licensed medical professionals or those who have been licensed after taking the necessary courses are permitted to conduct a blood test. Police have the right to conduct breath tests with a Breathalyzer, but they must be properly trained on how to use the machine. If you received a high BAC level but the police officer was incompetent in his use of the Breathalyzer machine, then you may be able to challenge this as well. If you want to learn more about challenging DUIs based on technicalities, don't hesitate to contact a skilled DUI attorney near you today!