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How can errors help you defend against an OVI charge

A conviction for operating a vehicle while intoxicated (OVI) will have serious consequences, especially if you already have one of them to your name.

Hence you need to consider all possible defense options. Saying that you were not drunk is one option. Yet what if you know you made a mistake? In that case, your best line of defense may be to show that the police made a mistake. Here are some to consider:

Mistakes in pulling you over

If a patrol car flashed you to the side of the road, they need to justify what law they believed you were breaking. Officers often pull people over for non-drink-related things, then later decide to charge them with drunk driving. So if they say you were breaking the speed limit, and you were not, you may be able to argue they had no right to stop you in the first place.

Mistakes in implementing a sobriety checkpoint

If the checkpoint is not set up and run according to state rules, a court may invalidate any evidence collected there.

Mistakes in maintaining their equipment

A Breathalyzer will not remain accurate forever. The police force must take it for regular calibration, and they should document each time they do.  If they were lapse about this, you might be able to challenge the reading the machine produced.

Mistakes administering the tests

Breathalyzers are relatively simple to administer correctly. Field sobriety tests or blood tests provide more opportunities for errors.

Mistakes in or after the arrest

Did the police respect your Miranda rights? Did they store any samples they took correctly? A court might throw out the case if not.

You do not have time to waste if charged with OVI. You need legal help to find out more about what to do next.