Mistakes Police Make During DUI Stops
Far too often, police officers make mistakes during drunk driving stops. They are to follow a very specific set of protocols and procedures that are in place to protect the rights of the individuals being stopped. When they fail to do so, the charges that they file against the arrested individual can be contested.
To be successful in contesting these charges, however, you need the representation of a skilled criminal defense lawyer on your side to uncover any mistakes made in the investigation or any illegal stops and/or detentions. Even if the police acted properly, it is important you have a skilled lawyer to negotiate with prosecutors for the best possible outcome. Hansen & Miller Law Firm provides aggressive criminal defense and protects the rights of individuals who have been arrested for DUI.
Mistakes Law Enforcement Makes During DUI Stops
These are some of the most common mistakes made by law enforcement in DUI stops:
False reasons for stopping the car in the first place — Police officers must have reasonable suspicion for stopping a vehicle based on a vehicle code violation. Once stopped, police can then use what they observe to elevate a simple traffic stop to a DUI investigation. All too often, cars are stopped and drivers are tested without reasonable suspicion to stop the car in the first place.
Demanding a field sobriety test — Remember, all field sobriety tests are voluntary. You do NOT need to answer questions or do field sobriety tests in California. The only requirement is to submit to a chemical test if arrested for a DUI. You may simply decline to participate in the officer’s investigation. The tests are difficult for a reason and often, drivers perform poorly regardless of how much they had to drink due to fatigue, age, illness, injury or simply being nervous. You should be calm, polite and you must produce your license, registration and insurance upon a peace officer’s request.
Inaccurate results from Breathalyzer tests — There are often problems with the equipment used in Breathalyzer tests, from the manner in which it was administered to issues with calibration and cleaning. These can affect the outcome of the test.
Improper blood testing — It is not uncommon for police officers to cut corners in obtaining a warrant to draw blood for blood alcohol content testing.
Our attorneys carefully investigate exactly how the stop and arrest took place to determine if the driver’s rights were violated. We use any errors or mistakes to contest the arrest and fight for a more advantageous outcome to ensure your rights are protected.