4 Common Police Mistakes in a DUI Arrest

 Posted on April 13, 2018 in DUI/OWI

Police officers are regular people who make mistakes. If you’ve been arrested for a DUI, it’s important to realize that the police officer who pulled you over may have made a mistake. Since a mistake by a police officer may help you avoid a conviction, you should familiarize yourself with the most common police mistakes in DUI arrests.

1. Lack of Probable Cause. In order to pull you over, a police officer must have had probable cause that you were driving under the influence of alcohol. If you were not swerving, speeding, or engaging in any other driving behavior that may lead a police officer to believe you were under the influence, your arrest may be invalid.
2. Errors with Field Sobriety Tests. Field sobriety tests assess balance, coordination, and the ability of a driver to pay attention to more than one task. There are strict, detailed procedures for administering field sobriety tests. For instance, police officers must take fatigue, certain medical conditions, and the weather into consideration when administering these tests. Since it can be complicated to administer field sobriety tests, police officers may often make errors.
3. Inaccuracies in Blood Alcohol Content or BAC Testing. The purpose of a BAC test is to measure the amount of alcohol in your bloodstream. There can be inaccuracies with a BAC test if a police officer makes a mistake because they collect the sample incorrectly, use unsterile equipment, cause fermentation issues, or fail to analyze the sample in a timely fashion. You should note that your DUI case will not be automatically dismissed if any of these police mistakes are found. By working with a highly skilled DUI attorney, you can determine whether any of these mistakes were made. If they were, the attorney can construct a persuasive and strong defense strategy and increase your chances of avoiding a conviction.
4. Inaccurate Police Reports. Some police officers do not take any notes when they are conducting a stop. Then, they forget exactly what happened and fill out police reports with inaccurate information. Inaccurate police reports can bring the officer’s credibility and reliability into question.

Contact Our Waukesha County DUI Attorneys Today

If you’ve been arrested for a DUI and are wondering whether any police mistakes can improve your situation, it is in your best interest to consult our experienced Waukesha County DUI attorneys. Call us at 262-303-4916 for a free consultation.

Source: http://www.fieldsobrietytests.org/