Signs That A Dui Case Is Weak (March 2025)

Key Signs That a DUI Case Is Weak

If you retain an attorney to defend you against a DUI first offense (or subsequent DUI) charge, one of the first things your lawyer will do is examine the strength of the evidence against you. They can then adapt their defense strategy accordingly.

It’s important to note that just as a strong case against you does not automatically mean you’ll be convicted, a weak case does not necessarily mean you’ll be acquitted. However, the weaker the case against you, the greater your chances of avoiding a conviction. These are some of the main signs that a DUI case is weak.

1. You Were Improperly Stopped

Implied consent laws mean you consent to be pulled over and asked to take a breath test if a police officer has reason to believe you’re driving under the influence. However, to legally pull you over, an officer must have a specific reason for doing so.

The following are some of the reasons an officer might pull someone over on suspicion of DUI:

• Driving the wrong way
• Weaving or swerving
• Driving without headlights in the dark
• Speeding excessively
• Failing to use a turn signal
• Making unnecessarily wide turns

Police often pull drivers over for extremely minor traffic violations if they suspect them of DUI. This is legal, but it’s not legal for them to pull you over for no reason at all. If your lawyer determines that the traffic stop that led to your DUI was not legal, they might be able to argue that none of the evidence from that stop should be admissible in court.

2. Improper Field Sobriety Tests

Just as police have to follow the law when pulling you over, they must also adhere to standard procedures when administering a field sobriety test. If the arresting officer made errors when giving you the test or circumstances unrelated to intoxication could explain your results, the case against you may be weaker than it seems.

The following are some circumstances that could possibly indicate an improper test:

• Incorrect or insufficient instructions from the officer
• Conducting the test on slanted ground
• Conducting the test in very bad weather
• Lack of documentation of the officer’s observations

DUI attorneys know what to look for when analyzing your field sobriety test. If there is evidence of significant issues with it, your lawyer may be able to leverage that fact to your advantage.

3. Problems With Chemical Tests

The post-arrest breathalyzer reading is often the most important piece of evidence in any DUI case. However, to ensure accuracy, breathalyzers must be regularly calibrated and maintained.

Your lawyer will likely be able to obtain the maintenance records for the breathalyzer used in your case. If the machine was not calibrated according to the manufacturer’s instructions, there’s reason to believe that the reading may not be accurate. In some instances, this creates enough reasonable doubt to lead to an acquittal.

If you took a blood test instead of a breathalyzer, your attorney can look at the sample’s chain of custody to see whether it was ever mishandled or unaccounted for. If your blood sample wasn’t stored properly or could have been tampered with, it may cast doubt on the prosecution’s case.

4. You Have a Medical Condition that Could Mimic Intoxication

Some medical conditions, including severe head trauma, can make it seem as though you’re intoxicated. The most extreme example is gut fermentation syndrome, also referred to as “auto-brewery syndrome.” This rare disorder causes your body to ferment the carbohydrates you eat, producing ethanol and possibly causing intoxication.

If there’s any possibility a medical condition led to your arrest, your lawyer may be able to call in medical expert witnesses. These professionals can explain the connection to the court.

5. The Arresting Officers Gave Conflicting Statements

The testimony of an arresting officer isn’t all the prosecution needs for a successful conviction. However, conflicting or absent testimony from the officers who arrested you can seriously weaken the case against you.

For example, suppose that you were arrested by an officer who took poor notes, and they leave the police department before your case gets to court. Your attorney might be able to challenge the case. Similarly, if two of your arresting officers have very different accounts of what happened, that may cast sufficient doubt on the prosecution’s case.

Have You Been Arrested for DUI?

If you’re like many people who have just been arrested for DUI, you might wish you could go back in time. While you can’t undo your arrest, the next best thing is hiring an experienced DUI lawyer. The right attorney can assess the case against you and determine what strategy is likely to lead to the best possible outcome.

When you’re facing a charge as serious as a DUI, your choice of attorney is critical, but it can be hard to know where to begin. That’s why we’re here. At ConsumerShield, we’re on a mission to help people like you understand and navigate the legal system and connect with nearby attorneys. Fill out our form below for a free case review!