It’s normal to feel scared when stopped by the police as you drive. However, the stakes may be higher if you’re pulled over for a suspected DUI.
There are specific procedures that the police should follow when making a DUI stop and subsequent arrest, and when they make a mistake in the process, you may be able to file a motion to exclude the evidence or to get your charges dismissed.
Here are some of the common mistakes police make during a DUI stop:
No reasonable suspicion for the stop
Unless the police stop you at a sobriety checkpoint, they must have reasonable suspicion to pull you over. This means that the police should have justifiable suspicion based on facts that you might have been engaged in criminal activity.
Some of the grounds for reasonable suspicion include the following:
- Failure to signal turns
- Swerving between lanes
If a police officer stops you without reasonable suspicion, the evidence they obtain might not be admissible in court.
Misconduct when administering field sobriety tests
If a police officer pulls you over for a traffic violation and then suspects that you might have been drinking, then they’re required to request you to perform some field sobriety tests.
These tests are designed to help police officers determine when the coordination and ability of a driver to follow instructions is impaired. However, sometimes the investigating police officer may administer the tests incorrectly.
No probable cause for the arrest
Police officers need probable cause before they can arrest you. This means they need to have enough evidence that you were driving under the influence. Therefore, if the officers don’t have probable cause to arrest you, any evidence they acquire after the arrest may be inadmissible.
No one is perfect, and making mistakes from time to time is normal. However, you could face serious legal consequences when a police officer makes mistakes during a DUI stop. Therefore, consider seeking legal guidance to determine if the above police faults could be used as a defense in your case.