Common Mistakes Made by Police in DUI Stops

Every state mandates that strict guidelines are adhered to by law enforcement officers when pulling anyone over for a suspected DUI. When you’re pulled over, you have the right to ensure all of the proper protocols were followed. Identifying any missed steps may make a huge impact on the outcome of your case.

Driving under the influence (DUI) is a serious offense. If you’re convicted, you could face severe penalties, so you may need a lawyer’s guidance to determine whether your rights were violated and whether you can get your charges reduced or even dismissed. 

Stopping Without Reasonable Suspicion 

When pulling you over for a suspected DUI, the police officer must have reasonable suspicion. They cannot choose to stop someone based on the make or model of their car for example, or anyone who has not violated any rules of the road such as running a stop sign or red light. 

The rules at a sobriety checkpoint differ from getting pulled over on the road. Reasonable suspicion is not required to stop at a checkpoint, but certain protocols still need to be followed. 

Not Properly Administering a Field Sobriety Exercise

When you are pulled over for a traffic violation, and the police officer suspects that you have been drinking, field sobriety exercises may be requested for you to perform. Making you walk in a straight line and turning, standing on one leg, and testing your horizontal gaze are exercises to determine if your coordination has been impaired by drinking. 

The requesting officer must be trained to administer these exercises and give you clear instructions so you know what is expected of you. 

Breathalyzers have to be calibrated and maintained. A trained and certified officer must collect the sample. It is required that you be observed before providing a breathalyzer sample to ensure that you do not do anything that might impact the results, such as belching or ingesting any substances.

Failure to Document Thoroughly

Field notes taken during a DUI stop and arrest reports do not necessarily serve as evidence in court. However, they do refresh the officer’s memory of your specific case.

If notes weren’t taken or not retained, your case may be relying on simply the memory of an officer who potentially has made many DUI and other stops in between your stop and your hearing.  

Uncover Law Enforcement Mistakes with a DUI Attorney

If you were charged with a DUI, you need a legal team on your side who will investigate the details of your arrest. This is a serious charge with both emotional and financial consequences which can have lasting effects on your future. Don’t let a police error go undiscovered, we will protect your rights. 

Let Hersem Law advocate for you and investigate your case thoroughly. We’re prepared to help you get your DUI charges reduced or dismissed, protecting your future. Reach out for a free strategy session by calling 813-251-7291 or by completing the following online contact form.