When it comes to DUI cases, the police are often under a great deal of pressure to make an arrest. This can sometimes lead to them making mistakes, leading to an unfair arrest or conviction. To avoid this, it’s important to be aware of the most common mistakes that police make in these cases.
Failing to properly administer field sobriety tests
These tests are typically designed to give the police an indication of whether or not a driver is impaired, but they’re often administered incorrectly. This can lead to an inaccurate assessment of a driver’s sobriety and an unfair arrest. For instance, the police may not give the driver sufficient time to complete the test, or they may fail to properly explain the instructions.
Failing to properly administer a breathalyzer test
Breathalyzer tests are another tool that police use to determine if a driver gets impaired, but they too can get administered incorrectly. This can lead to an incorrect reading and an unfair arrest or conviction. Once again, the police may not give the driver sufficient time to provide an accurate sample, or they may fail to properly maintain the breathalyzer machine.
Failing to follow proper procedure
In some cases, the police simply don’t follow proper procedures when it comes to DUI arrests. This can lead to an unfair arrest or conviction, as well. For instance, the police may not read the driver their Miranda rights, or they may fail to properly Mirandize them. Additionally, the police may not follow proper protocol when it comes to administering field sobriety tests or breathalyzer tests.
Making an arrest without probable cause
Probable cause is simply a reasonable belief that a crime has been committed. In order for the police to make an arrest, they must have probable cause to believe that the driver is impaired. For instance, they may witness the driver swerving or speeding, or they may smell alcohol on the driver’s breath.
Whether you’re facing a DUI charge or you’ve already been convicted, it’s important to be aware of the mistakes that the police may have made. If the police have made any of these mistakes, it may be possible to get your charges reduced or even dismissed.