If you are facing a DUI charge, you should be aware of the common errors police make during suspected DUI traffic stops.
Many mistakes can occur during a DUI arrest. Furthermore, the arrest may not be valid if law enforcement fails to follow the appropriate procedure.
Many DUI cases rely upon evidence obtained from tests, including breath tests and blood samples. Equipment malfunctions and lack of training can degrade the accuracy of test results. For example, blood test results might not be valid if there were issues with collecting and storing the sample. Multiple factors can interfere with breath tests, too. If you have gastroesophageal reflux or eat a ketogenic diet, your breath test could be a false positive.
You should also examine any field sobriety tests you took because law enforcement can make mistakes when conducting these evaluations. If the officer testing you lacked proper training or certification, this can help you fight your case in court.
In order to pull you over legally, the police must observe behavior that gives them reasonable suspicion that you were driving while intoxicated. If you were speeding, stopping unexpectedly or swerving, the police have the right to stop you. However, if the initial stop was invalid, your legal team can use this to your advantage. Similarly, police must not insult or threaten suspects. The court can choose to dismiss charges if there is evidence of police misconduct.
You can defend your rights after a DUI arrest by examining the behavior of law enforcement for mistakes.