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Did the police make any of these mistakes in your DUI case?

On Behalf of | Aug 29, 2023 | Criminal defense |

The implications of a DUI conviction are significant. Sure, a conviction can strip you of your license for a significant period of time, which can have an impact on your personal and professional lives, but you also face the very real possibility of jail or prison time, and your resulting criminal record can send out a ripple effect, disrupting everything from your employment to your housing.

With so much on the line, you need to be prepared to present the strongest DUI defense possible under the circumstances. One way to approach your case is to analyze the police’s actions to see if they made any mistakes that you can exploit to your advantage.

Look for these law enforcement mistakes in your DUI case

The prosecution might act like the police were clean and effective in conducting their investigation and making your arrest. But that might be far from the truth. In fact, the police might’ve made any of the following mistakes in your case, any one of which could turn the tables:

  1. Illegally conducting a traffic stop: Most traffic stops are predicated on a traffic stop which then allows officers to make observations pertaining to intoxication. But prior to initiating a traffic stop, the police have to have reasonable suspicion that you’ve committed a crime or an infraction. If they lack that reasonable suspicion, then any traffic stop they make is illegal. Any evidence they gather during an illegal traffic stop is also tainted with illegality, meaning that you might be able to suppress otherwise damaging evidence, thus blocking it from being used against you.
  2. Improperly administering field sobriety tests: The police might use the results of a field sobriety test to gather enough evidence to support a blood alcohol content test, whether through your breath or blood. But when poor instructions are given or the results of a field sobriety test are improperly interpreted, then you could be accused of drunk driving based in inaccurate evidence.
  3. Using faulty breath test machines: Breath test machines have to be stored and calibrated properly. They also have to be used in accordance with their instructions. If there are errors in any of these areas, then the machine might give inaccurate breath test results, thereby giving a false impression of your intoxication.
  4. Exhibiting hostility towards you: Although some law enforcement officers remain professional at all times, others are aggressive and otherwise hostile towards those they stop. Those officers who fall into the latter category might call you derogatory names, make fun of you, and even threaten you. This behavior won’t play well with a jury, and those officers who act poorly may even be hesitant to attend a deposition. When that happens, you might be able to block them from testifying against you.
  5. Improperly documenting the incident: The prosecution is going to rely on the police’s recollection of the events leading up to your arrest. All too often, though, the police don’t make a great record of these events, which gives you an opportunity to attack the prosecution’s case.

Are you ready to aggressively defend yourself against DUI charges?

If you are, then now is the time to start thinking through the facts of your case to identify your best course of action. Even if the evidence seems stacked against you, there may be effective ways for you to fight back against the prosecution. Doing so may be the only way to protect your freedom and your future.

So, if you’re ready to build your criminal defense, then please continue reading our website for more information about your next steps.