Beat a DUI: Police Misconduct

A mistake made by a police officer, whether on purpose or not, can work in your favor and allow you to beat a DUI charge. Police officers can mishandle important evidence, allowing your attorney to have the evidence thrown out or suppressed. Since the prosecution is pretty much entirely dependent on the evidence that was obtained when they seek your conviction, losing evidence as a result of police misconduct can irrevocably damage their case against you. While every DUI case is different, there are many different ways in which your rights might have been violated during your DUI stop and subsequent arrest. 

Illegal Stop or No Probable Cause

In order for a police officer to make the original determination to pull you over, he must have reasonable suspicion that you are driving under the influence. If he observes your vehicle obviously weaving or swerving, if you were exceeding the speed limit, or if you have a broken headlight or taillight, any of these may be considered reasonable suspicion. If, however, after your case has been investigated thoroughly, it is determined that the broken tail light was only a crack, or if there were witnesses who denied you were swerving or weaving, the case may be dismissed. Police officers must be able to explain facts sufficiently to meet the probable cause rule, and if it is found that it was either an illegal stop or there was not sufficient probable cause, then anything that came after the stop, such as BAC or field sobriety tests will not be admissible. 

Police Officer Made Inaccurate Statements or Failed to Document Properly

Officers may fail to document certain aspects about your arrest, whether inadvertently or intentionally. Sometimes an officer's recollection of events is wrong simply from overwork or poor memory, while other times he may be motivated by personal feelings or prejudices. In any case, if he fails to make absolutely accurate statements regarding your case, the State's case against you can go right down the drain. 

Failure to Follow Procedure When Administering Field Sobriety Tests

The circumstances and conditions surrounding your field sobriety test and what the officer considers "failing" the tests may be a form of misconduct. Field sobriety tests are very subjective, and if the officer fails to take certain conditions such as weather or your use of certain medications into account when administering the test, the tests could be dismissed as a part of the evidence against you. Breathalyzer tests and blood tests also come with an entire host of issues that can potentially exclude the results. 

Failure to Give Miranda Warnings or Implied Consent Warnings

If the arresting officer fails to advise you of the consequences of refusing a breathalyzer test, the admissibility may be in question, and if he does not read your Miranda rights to you, any statements made by you either before or after your arrest may be deemed inadmissible as well. 

Legal Assistance

If you have been arrested for DUI, do not, under any circumstances talk to anyone, most especially the police, until your attorney shows up. Your statements can later be used against you, just as the warning states, so exercise your right to remain silent. Hire an experienced DUI attorney who can find the holes in the officer's case against you, and you may end up with a greatly reduced sentencing or even having the charges completely dropped.