Stopping an individual for suspected driving under the influence (DUI) sets in motion a chain of events that can result in fines, license suspension, and jail time. Though police officers are trained in the DUI arrest process, many make mistakes. By exposing these errors, a DUI attorney refutes the credibility of the officer and/or the evidence and is often able to have the DUI charge dismissed.
Mistakes Begin with the Car Stop
The car stop marks the start of the DUI process and is also when some officers make mistakes. Stopping a vehicle requires reasonable suspicion supported by evidence such as an equipment or traffic violation. If the vehicle was stopped for behavior that does not justify one of these violations, an attorney can challenge the stop itself and request dismissal of everything that occurred afterward.
Police officers must administer three standardized field sobriety tests in the proper manner. Each test must be evaluated in a particular way in order to conclude that a driver is impaired or intoxicated. If the police officer does not administer or evaluate these tests properly, results may be invalidated and reasonable doubt may be introduced that leads to dropping the DUI charge.
A breathalyzer is a chemical test that measures blood-alcohol content. Police officers must be trained and certified to use breathalyzer devices and must follow an approved process when administering this testing. If a DUI attorney can prove that the administering officer was not properly trained or certified or the approved method was not followed when using the breathalyzer, test results may be suppressed during a DUI hearing.
Lack of Documentation
Though the police report is powerful evidence in a DUI case, some police officers do not save their field notes used to create this report. When it comes time to testify in court, these officers must rely only on information in the police report. They may not be able to provide specific details that support their written conclusions because they do not remember the incident and have no field notes to refer to after the fact.
Last, but sometimes most importantly, police officers are often unfair or lack objectivity in DUI cases. Their lack of impartiality or uncivil behavior is typically revealed by the videotape of the arrest. Though there is no legal requirement regarding videotaping police procedures, many jurisdictions use this technology and, in the hands of a good DUI attorney, it can work against them.
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5 thoughts on “Top Mistakes Police Make During a DUI Arrest”
My son in law fell asleep and hit a pole. Both urine and blood tests were forced. Passed urine test results .00 awaiting blood test results could take 3 weeks. Police both tests. Legal in Arizona?
sitting in my car,listning to my music at my apartment,got a charged for dui and was not driving how does that work.
Keys were in the ignition rights? Did you say you were driving? The police will use that to say you were Driving Under the Influence. Make sure to tell your lawyer you were not driving prior to sitting in the parking lot.
I got a dui 23yrs ago in ohio and never went
to court so what will happen to me now?
I was arrested in Kentucky sept. 3rd, for DUI. the officer that arrested sais someone called and complained that I was going over the miediu the road. They followed me into a gas station. It was raining hard the day it happened, I did make a mistake pulling into the gas station I got nervous when I seen him in my rear view mirror I because I had no muffler and I thought I was getting pulled over for that. I did pull in front of a car to go in. This was the only mistake on my part I made. They gave me sobriety test and did not even offer me a breathalyzer. I was rested for a dui and reckless driving. He pulled into the hospital and I asked him what he was doing and he said he wanted ne to give blood and I refused I felt like was being very violated. He ask me three what was im my short pockets I told him my money. I had forgotten about my lighter in my back pocket and he touch me om but where my lighter was and asked me what that was? I told him it was my lighter. From My understanding a man police officer is not allowed to touch a woman at all. I told him the reasons why I refused the blood work was I was afraid of needles and I have been in these hospitals begore and they always had problems getting blood from me, He said I don’t blame you. My boyfriend was in the car with me and try to tell them that neither one of us was drinking or anything else. He said I could not use him as a witness because he was in the car. Is this true? Can I use as a witness in court? I plan on taking this all the way to trial if I have too. I feel I was done very wrong. Please I need some advice. I did not no the other charge until the next day when I went in front of a judge. I live in Floyd County