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Prosecution and conviction for driving under the influence, commonly known as DUI, can affect your personal life and career for years after the case ends. Though you may feel hopeless after being charged, law enforcement officers sometimes make mistakes that can provide successful defenses. Here are common errors that may result in a dismissal or a lesser charge.

3 Police Errors in Arrests for DUI

1. Insufficient Reason for the Stop

Unless the police are conducting a legal DUI checkpoint for all vehicles, they must have a reasonable and articulable suspicion to make a traffic stop. An officer must be able to explain why you were stopped, and the reason must be more than a hunch.

Valid reasons include driving with a broken tail light, ignoring traffic signals, speeding, and driving erratically or too slowly. This standard is less strict than probable cause to make an arrest.

2. Improper Field Sobriety Evaluations

DUIAn officer trying to determine whether you’re driving under the influence may ask you to submit to taking standardized field sobriety evaluations, which you can refuse. These tests evaluate your eye movements, ability to maintain balance, coordination, and focus on a task.

The three nationally approved tests are horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand. Police must follow strict rules to administer these standardized tests properly. Criminal defense lawyers challenge test results for numerous reasons, including language barriers, driver age, poor lighting, eye diseases, and hearing problems. 

3. Mistakes in Police Reports 

Police sometimes make errors in writing their arrest reports. They may omit important information or report it inaccurately. Mistakes noting the time of day, weather or road conditions, driver performance on the standardized field sobriety tests, alibis, and witness statements can make a difference in the outcome of your case.     

 

DUI charges can affect the rest of your life. The legal team at J.P. Coleman Law, LLC, Attorneys at Law is dedicated to providing high-quality criminal defense to clients throughout the Baldwin County, AL, area, delivering peace of mind and the best possible results for every case. Visit their website for more on their legal services or call (251) 947-6247 today to consult with an experienced DUI attorney.

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