Top Police Mistakes in DUI Cases
Police officers often make mistakes in the course of an arrest upon suspicion of driving under the influence (DUI). Such mistakes may violate your rights under the United States Constitution or may result in inadmissible or inaccurate evidence being used against you in a resulting DUI case. An experienced attorney can use any police mistakes to attack evidence in the prosecutor’s case against you and to help you receive a positive outcome in your DUI case.
Some of the most common police errors in DUI arrests include the following:
- Wrongful traffic stop—A police officer may not simply pull anyone over for any reason. Instead, the officer must have a reasonable suspicion that a traffic violation had occurred, and the reasonable suspicion must be supported by specific articulable facts. If the officer pulled you over without any such reasonable suspicion that you had violated a traffic law, an attorney will argue that your Constitutional rights were violated.
- Wrongful arrest—Even if an officer had reasonable suspicion to pull you over, in order to arrest you for DUI there must then be probable cause to believe that you were under the influence while you were operating your vehicle. If there is no probable cause that you were under the influence, a DUI lawyer will argue that the arrest and any evidence stemming from the arrest are not valid.
- Improper administration of breath tests or field sobriety tests (FSTs)—One way an officer will try to demonstrate probable cause for your arrest is by relying on the results of a breath test or your performance on FSTs during the traffic stop. The evidence of these test results can then be used as evidence against you in your DUI case. If the officer did not properly administer these tests, did not have the proper training, or if any breath testing equipment was not calibrated correctly, an attorney can file a motion to suppress this evidence. Since this evidence is usually the main evidence against DUI defendants, suppression of these test results often leads to a complete dismissal of charges.
These are only a few examples of mistakes that law enforcement officers may make in the course of your DUI arrest that may be used by an attorney to positively impact your case.
Experienced Boca Raton DUI Defense Attorneys will Protect Your Rights
Following an arrest on suspicion of DUI, you may not be able to readily identify or prove that police officers made mistakes on your own. An experienced DUI defense attorney knows how to investigate the circumstances surrounding your traffic stop and arrest and will be able to hold police accountable for any mistakes or violations of your rights. Additionally, a lawyer will argue to keep any evidence that resulted from police error out of court. This can lead to dismissal of your charges or will at least serve to mitigate any consequences that you may face.
If you have been arrested for DUI in the Boca Raton area, do not hesitate to contact the experienced attorneys at Lavalle Brown & Ronan, P.A. to discuss your case today.