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Three common police mistakes in DUI cases

On Behalf of | Jun 27, 2024 | Drunk Driving

When you are facing charges for driving under the influence (DUI), it is natural to feel overwhelmed and uncertain about the future. After all, the consequences of a DUI conviction can be severe, particularly in Florida.

However, it is essential to remember that a DUI arrest is not an automatic conviction. In fact, law enforcement officers can make mistakes during the arrest process, which can significantly impact the outcome of your case. Understanding these common mistakes can be your first step in protecting your rights and freedom.

Mistake #1: Improper stop

Before an officer can pull you over, they must have reasonable suspicion that you have committed a crime or traffic violation. This means they must have seen you breaking a traffic law, like speeding or running a red light, or have a legitimate reason to believe you are a threat to public safety.

If the stop does not have a probable cause, the court may consider it improper, and any evidence gathered may be inadmissible.

Mistake #2: Misuse of field sobriety tests (FSTs)

Police officers conduct field sobriety tests to assess your physical and cognitive abilities, but these tests are not foolproof. In fact, FSTs are often subjective and may depend on various factors, including the officer’s bias, the testing environment and your physical characteristics. Perhaps the officer asked you to perform a walk-and-turn test on an uneven surface, or you have a physical disability or injury that affects your balance and coordination. If the officer fails to follow proper protocols or does not consider these factors, the results may be unreliable.

Mistake #3: Inaccurate breathalyzer results

Officers commonly use breathalyzers to measure a driver’s blood alcohol content. However, these machines can be prone to errors due to mechanical malfunction or improper calibration. If the device used during your stop lacked proper maintenance, the results may be inaccurate and potentially inadmissible in court.

If you are facing a DUI charge, taking immediate action is crucial to protecting your rights and future. Remember, with the right knowledge and guidance, you can increase your chances of a successful outcome and move forward.