Concord Trial Attorneys

Did The Arresting Officer Make Mistakes During Your DUI Stop?

Getting pulled over by a police officer can immediately make anyone feel apprehensive. Even if you do not believe you did anything wrong, your nerves may still jump as the officer approaches your vehicle. You may start thinking of your actions earlier in the evening and wonder whether the drinks you had at dinner or with friends after work could affect the situation you now face.

Many people end up in this type of predicament, and even if they feel they have not acted in a harmful or negligent manner, if police suspect them of driving under the influence, they could still have charges brought against them. If you find yourself taken into custody on charges for DUI, you may think you have no hope for avoiding consequences. Luckily, that is not the case.

Defense options

After having any type of criminal charge brought against you, you have the option of creating and presenting a criminal defense in court. The type of strategies you choose to utilize may depend on the exact circumstances of the arrest and the allegations. In cases of DUI, you may feel that you can do little in terms of defending against the accusations, especially if evidence such as breath test results exists.

Police mistakes

Before you start feeling as if your fate has been decided before you even go to court, you may want to consider various aspects of your situation. If you believe that the arresting officer did not act in the correct manner during the traffic stop and your subsequent arrest, you may have the ability to use evidence of misconduct as part of your defense. Because officers have procedures they should follow, failure to correctly meet each step of the process could result in inadmissible evidence against you.

Some common mistakes that officers make during DUI stops include the following:

  • Incorrectly or unprofessionally administering field sobriety tests
  • Stopping your vehicle without reasonable suspicion
  • Acting improperly at a sobriety checkpoint
  • Not having probable cause to arrest you for DUI
  • Incorrectly administering a breath test or mishandling results

Though many people may want to think that police officers always act professionally and correctly follow procedure, that is not the reality. Mistakes can happen, and an officer could make an improper arrest.

In order to deal with the DUI charges brought against you, you may want to obtain more information on correct police procedures for DUI traffic stops and arrests and determine whether authorities made mistakes during your arrest.