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2 common mistakes law enforcement officers make in DUI cases

On Behalf of | Dec 1, 2022 | Criminal Defense |

If you are arrested for driving under the influence (DUI), a conviction can result in serious consequences. After this arrest, you are likely focused on things like having the charges reduced or dismissed. 

While this may seem impossible, there are methods to help make this happen. A viable defense in many DUI cases is if the officer who arrested you made a mistake. Here are two things to consider:

1. Was there reasonable suspicion for the traffic stop?

Police officers (and other law enforcement officials) do not have the right to pull you over arbitrarily. It is required that they have a suspicion of a crime.  

It may violate your constitutional rights if the officer pulls you over and requires field sobriety or breathalyzer tests without reasonable suspicion. If this is established in court, then the charges against you may be dismissed. 

2. Was there improper administration of any sobriety tests?

If the police pull you over, they must follow a specific protocol when investigating what is going on and administering any type of sobriety test, including a chemical Breathalyzer test

The testing device used must be in working condition and properly calibrated. If this has not been done, the test results may not be accurate. 

Also, not all officers have the credentials to administer chemical tests. They must have the proper training and certification for the test to be considered valid. If it is found that the test was not administered properly or if it was administered by someone who did not have the proper credentials, the results may be thrown out. In many cases, this is the only evidence against you, which means your case would be dismissed. 

Knowing your rights when arrested for DUI is the best way to protect them. It is recommended that you work with someone who can provide advice to ensure your rights are not obstructed in some way.