In a previous post, our Cleveland criminal defense attorney discussed the common mistakes people make after a DUI arrest. Now, we will examine the common DUI arrest mistakes committed by law enforcement. If the police made an error at any point during a DUI investigation, it may be possible to get your entire case dismissed or your charges reduced.
The following are the five most common DUI arrest mistakes made by police:
- No reasonable suspicion – In order to pull a driver over, police must have reasonable suspicion that the individual committed a traffic violation (i.e. speeding, switching lanes without using the turn signal, driving at night with the headlights off, etc.). An officer cannot simply stop you because you are suspicious.
- No probable cause – Failure to establish probable cause means your arrest is considered invalid. If there is no probable cause, any evidence collected prior to arrest is inadmissible if a lawyer successfully files a motion to suppress. Without evidence to support a DUI charge, your case could be dismissed.
- Improperly administer field sobriety tests – Police officers are required to following specific guidelines established by the NHTSA when conducting field sobriety tests (FSTs). However, even when no alcohol is involved, it is highly possible to still fail these tests. If the FSTs were not correctly administered or the results of the test were inaccurate and misleading, an attorney can build an effective defense for the defendant.
- Improperly administer breath test – Law enforcement may administer a breath test to determine a suspect’s BAC level. However, police officers may sometimes fail to provide the suspect with instruction before administering the breath test, fail to calibrate the breathalyzer, fail to observe the suspect for 15 minutes prior to administering the test or fail to take the suspect’s medical conditions into account.
- Misconduct at DUI checkpoint – Sobriety checkpoints are set up (often on weekends and during holidays) to deter drunk driving and arrest drunk drivers. Police are instructed to follow certain rules during a checkpoint stop. If the protocol isn’t followed, the DUI arrest could be considered invalid.
At Patituce & Associates, we can evaluate your DUI case and determine whether or not mistakes were committed by law enforcement. Just because you were arrested, doesn’t mean you are guilty. Protect your rights and future with our legal help today.
For more information, contact us and schedule a free consultation today.