Harley Wagner
Defending West Virginia Residents for over 24 Years
Insufficient or Inaccurate Probable Cause 
One of the most critical elements of any DUI arrest is probable cause. Law enforcement officers are required to have a reasonable belief that a driver is impaired before pulling them over. However, police often make the mistake of stopping a vehicle without adequate justification. For example, an officer might pull over a driver for something as vague as “swerving” or “failing to signal.” While these might appear to be signs of impairment, they do not always meet the legal requirements for probable cause. If the officer cannot demonstrate that the stop was based on reasonable suspicion, the arrest may be considered unlawful, and any evidence gathered during the stop may be inadmissible in court.
Errors in Administering Field Sobriety Tests
Field sobriety tests (FSTs) are commonly used by law enforcement officers to assess whether a driver is impaired. These tests are often a key piece of evidence in DUI cases. However, many officers make mistakes when administering FSTs. For instance, they may fail to properly explain the instructions to the driver, or they may not account for factors that can affect performance, such as medical conditions, physical disabilities, or even anxiety. Weather conditions like rain or wind can also interfere with a driver’s ability to perform the tests correctly. If the tests are not administered properly, it can make it difficult for the prosecution to prove impairment beyond a reasonable doubt.Problems with Breathalyzer Tests
Breathalyzer tests are one of the most commonly used tools in DUI arrests to determine blood alcohol content (BAC). However, the accuracy of breathalyzer tests depends heavily on proper use and maintenance. In many cases, officers make mistakes in administering these tests, which can lead to inaccurate results. For example, the officer may fail to observe the driver for the required 15-minute waiting period before administering the breath test. Failing to do so could result in inaccurate readings, as any alcohol consumed in the minutes leading up to the test can skew the results. Additionally, breathalyzer machines must be calibrated regularly to ensure accurate readings. If the machine hasn’t been calibrated properly, the results may not be reliable. If any of these mistakes occur, the breathalyzer results could be challenged, potentially weakening the prosecution’s case.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
Failure to Inform the Driver of Their Rights
During a DUI arrest, law enforcement officers are required to inform the driver of their Miranda rights. These rights include the right to remain silent and the right to an attorney. If the officer fails to read the Miranda rights, anything the driver says after the arrest may be inadmissible in court. For example, if the driver makes incriminating statements about their level of intoxication without having been informed of their right to remain silent, those statements cannot be used against them in court. This failure on the officer’s part can be a significant mistake in a DUI case, and it may help in mounting a defense.Mistaken Identification of Impairment
Police officers often rely on their training and experience to identify signs of intoxication. However, these indicators can sometimes be misinterpreted. For example, a driver may appear to be impaired due to factors like fatigue, medical conditions, or nervousness. If an officer mistakes these symptoms for signs of intoxication, they may arrest the individual under false pretenses. It’s crucial to understand that physical signs of impairment, such as unsteady walking or slurred speech, may be caused by other factors unrelated to alcohol or drugs. A trained officer should be able to differentiate between genuine impairment and other conditions, but this is not always the case.Failure to Administer the Correct Tests
In some DUI arrests, officers fail to administer the correct tests to confirm impairment. For instance, they may use a breath test when a blood test is required or fail to administer any chemical tests at all. If an officer skips necessary tests, it can lead to the exclusion of crucial evidence in the case. In certain situations, a DUI arrest can be challenged on the grounds that the officer did not follow the proper procedures in administering tests. For instance, a driver may be forced to submit to a breath test instead of a blood test, even though blood tests are often considered more accurate. In such cases, the results of the breath test may be contested, and the charges may be lessened or dropped.Related Videos
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