When facing driving under the influence (DUI) charges, most people focus on avoiding their own mistakes. Many don’t realize that police officers can make errors, too—and these mistakes could work in your favor.
Law enforcement needs to follow strict procedures during DUI stops. When they don’t, it may create opportunities to challenge your arrest.
Improper traffic stop reasons
A police officer needs valid reasons to pull you over. Random stops without reasonable suspicion of drunk driving or traffic violations violate your rights. If the officer stopped you without proper cause, your defense attorney might get the entire case dismissed.
Missing field sobriety test steps
Field sobriety tests must follow specific guidelines from the National Highway Traffic Safety Administration. Officers sometimes skip crucial steps or give unclear instructions. These tests include:
- The walk-and-turn test
- One-leg stand test
- Horizontal gaze nystagmus (HGN) test
Any deviation from standard procedures could make the test results unreliable evidence.
Faulty breathalyzer operation
Police must calibrate breathalyzers regularly and receive proper training to use them. An improperly maintained device or incorrect testing procedure can produce inaccurate results that your attorney can challenge in court.
Failing to read Miranda rights
Officers must inform you of your rights upon arrest. If they forget this step or read your rights incorrectly, statements you made after arrest may become inadmissible in court.
Not documenting probable cause
Police don’t just need a clear reason for stopping you. They must also clearly document their reasons for suspecting drunk driving. Poor documentation of symptoms, like slurred speech or other signs of impairment, weakens the prosecution’s case against you.
Fighting back with legal knowledge
Knowing the rules and procedures of arrests can help you fight charges. That’s why it’s prudent to seek assistance from a legal professional.
An experienced criminal defense attorney knows how to spot police errors and use them to build a strong defense strategy. With qualified legal help, you can explore all possible defense options for a better chance at a positive DUI case outcome.