The Arresting Officers Procedure as DUI Defense

The law outlines regulations for driving, which make it illegal to operate a motor vehicle while intoxicated. Likewise, the law also outlines procedures that police officers must follow.  Even if a police officer believes that you have broken the law, he is still obligated to act lawfully. Failure to do so can jeopardize the DUI charges he files against you.

Procedural Errors

A police officer is subject to procedural requirements the moment he attempts to stop you. DUI charges are often challenged on the grounds that a person was pulled over for invalid or unjust reasons. For example, racial profiling has been found to be a problem in some jurisdictions. As this is an unjust motive, the resulting arrest may also be deemed unjust.

If a police officer stopped you for a reason that is unrelated to DUI suspicions, he should have solid reasons for changing his concerns to your level of intoxication. An officer cannot, for example, make it a matter of practice to stop individuals for defective equipment and ask them to take breathalyzer tests.

Testing, whether it is a field sobriety test or a breathalyzer, must be conducted according to guidelines. In many instances, there are certain statements that the arresting officer is required to make, especially if you refuse testing. If he does not, the case against you may not hold up.

What Happens

When an arresting officer makes a procedural error, in the best instances, the prosecutor will acknowledge it and either drop the charges or reduce them. Sometimes prosecutors try to play hardball and insist on taking the matter to court, where a judge or jury can deem the charges unfair.

Legal Representation

Using the errors of your arresting officer as a defense can be effective. However, it is a technique that generally requires the expertise of an experienced drunk driving attorney. Before attempting this method of defense, schedule a legal consultation.