None of us are perfect—including the police. If you were arrested after being charged with a DUI, police errors may actually help your case. An experienced criminal defense attorney could use these defenses to suppress crucial evidence so it cannot be used against you, work out a favorable plea agreement, or even get the charges against you dismissed
Did the Police Make Any Mistakes When Arresting You?
Some police mistakes do not change the circumstances of your arrest or the evidence that can be used against you. However, others could be major errors—including a violation of your constitutional rights. Police errors that could work in your favor include:
Wrongful traffic stop. The police must have a reasonable suspicion that you violated a traffic law to pull you over. If not, any evidence that is found or statements that were made could be thrown out of court.
No probable cause. Even if the police officer was justified in stopping you for a traffic violation, he must have had probable cause that you were driving under the influence of alcohol for your arrest to be valid. If there was not a reasonable basis for his suspicions, any evidence—including blood alcohol tests—would not be admissible.
Errors in the field sobriety test. Field sobriety tests must be administered according to strict, detailed procedures. For example, the police must take weather conditions, fatigue, and medical conditions into consideration when administering the test. Police often make errors in many field sobriety tests.
Mistakes in blood alcohol content (BAC) testing. If you are stopped for DUI, the police officer would most likely administer a breathalyzer test to check your BAC. Many common errors include the police to not giving you required warnings before administering the test, failing to take into account your medical conditions or other factors like residual alcohol content in your mouth, or problems with the machine used to administer the test.
The police could have made many critical errors in your DUI arrest. That’s why you need an experienced criminal defense attorney on your side. We urge you to fill out our online form today to schedule a free consultation to learn more about how we may be able to assist you.