3 Common Mistakes Made By Officers During A DUI Arrest

Posted on: 29 May 2019

It is important to understand the dangers of driving under the influence of drugs or alcohol. Not only will you be putting your life and the lives of others in danger, but you will also be increasing your risk of a violation or arrest. Unfortunately, an estimated 4 million adults in the United States report driving under the influence at least once. An arrest is imminent if you were pulled over by a police officer while driving under the influence. Even though it is never acceptable to drive under the influence, your attorney may help you through the charges. With this guide, you will learn a few common mistakes officers make during a DUI arrest, which could benefit you and your case.

Not Having Probable Cause

It is important that the police officer has probable cause before pulling you over in a traffic stop. Basically, probable cause is something that the officer sees regarding your vehicle or your driving that would make them suspicious enough to pull you over.

Examples of probable cause may surprise you. For example, speeding or swerving while driving makes you suspicious to police officers. In addition, if you fail to stop completely at a stop sign or you have a headlight or brake light out, the office would have probable cause.

The attorney will be able to determine if the officer did have legitimate probable cause when you were pulled over in a traffic stop. If there is no reasonable probable cause, your attorney will use this as a strong defense to build a case.

Improper Use of Breathalyzer

If the police officer suspects you are under the influence of alcohol, a breathalyzer test will be administered. By breathing into the breathalyzer unit, the officer will be able to determine how much alcohol is in your system, proving or disproving if you are driving under the influence.

Although effective, the breathalyzer may not provide the most accurate results in different situations. There are numerous guidelines that must be followed to ensure the results of the breathalyzer are not only accurate but also legal in a court of law.

The office must be properly trained on the equipment and follow the appropriate protocol when administering the test. Calibrations are also imperative for the breathalyzer to work properly. The calibrations must not only be performed on schedule, but they should also be logged.

If the proper protocol was not followed during your DUI arrest, your attorney may be able to reduce your charge or even get the charge thrown out since there will not be legal proof of your intoxication.

Forgetting the Miranda Rights

Finally, the police officer must read your Miranda rights when you are being arrested. By reading the Miranda rights, you will have a better understanding of what is occurring and what you are legally capable of doing during the arrest.

You can remain silent, refusing to answer any questions the officer asks. The rights also state that if you do answer questions or make any statements, your words can be used against you in a court of law. Also, the Miranda rights tell you that you can wait to speak until you have an attorney, and if you cannot afford an attorney, you will be appointed one.

If the officer fails to read you your Miranda rights, that does not necessarily mean you will be able to get out of the arrest and DUI charge. Without hearing these rights from the officer, anything you do say during the questioning or arrest cannot actually be used against you.

Navigating a DUI arrest is not meant to be easy, but hiring an attorney can be helpful. For more information on DUI charges, contact a DUI attorney today.


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