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

UPDATED: Jul 10, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 10, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


Russ Pietryga / Pietryga Law Office

Answered 10 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.;


Field Sobriety Test; and


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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption