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Law enforcement missteps that could help your DUI defense

On Behalf of | May 17, 2024 | Drunk Driving

When police pull you over for drunk driving, they have to follow a strict set of rules to uphold your rights and the integrity of the evidence collected. Any deviation from these protocols can significantly influence the outcome of your DUI case.

If you find yourself facing charges for drunk driving, recognizing the common enforcement errors is critical in building a solid defense.

Lack of reasonable suspicion

Police officers must have a valid reason for the stop, such as observing traffic violations or signs of impaired driving. Otherwise, it may be possible to challenge the legality of the stop and convince the court to dismiss the charges against you.

Faulty field sobriety tests (FSTs)

Law enforcement officers use FSTs to gauge a driver’s impairment by challenging balance, coordination and the ability to follow specific instructions. If your defense attorney proves that mistakes were made during these tests, the court might declare the results inadmissible, boosting your defense.

Violation of your constitutional rights

After placing you under arrest, law enforcement must inform you of your Miranda rights – your right to remain silent and your right to an attorney. Failure to provide these before interrogation can lead to excluding certain evidence and statements against you in court. Additionally, in Maryland and throughout the United States, you have the right to consult with an attorney once officers put you into custody. Any denial or attempts to delay your access to counseling can affect the prosecution’s case against you.

Facing DUI charges is an intimidating experience that can have profound consequences. Understanding the process and potential missteps in a DUI traffic stop not only boosts your defense strategy. It also underscores the importance of scrutinizing every detail of your arrest.