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To accuse someone of a crime, regardless of the severity, is no small matter. Therefore, if you’re charged with driving under the influence, the police should be held to strict standards of validity. Luckily, a DUI attorney can identify potential holes in their case and ensure you receive fair treatment. Here’s a closer look at the most common mistakes police officers make during this type of arrest and how your lawyer can use them to your advantage.

What Errors Do Police Officers Make During a DUI Arrest?

1. Pulling You Over Without Probable Cause

Well before an arrest can be made, an officer will have to make the decision to pull you over. To rightfully do so, they must have probable cause—reason to think that you’re driving under the influence. Therefore, if you’re not driving recklessly, speeding, or swerving, they likely don’t have probable cause to pull you over. If your DUI attorney can prove this, you might have a successful defense.

2. Testing Errors

DUI attorneyAfter pulling you over, the officer may conduct small talk, ask you if you’ve been drinking, and ask to see your license and registration. If this interaction leads the officer to believe you are under the influence, they may ask you to use a breathalyzer or get out of the car and perform a number of field sobriety tests.

Your DUI attorney will look into the results of your blood alcohol content test as well as view videos of the field tests to ensure they were conducted fairly. If they notice any errors on the part of the officer—such as tampering with the breathalyzer—or uncontrolled variables, such as wind gusts during the physical tests, they could find a way to have the charges dropped.

3. Faulty Police Reports

Whenever a police officer pulls over a civilian, they’ll need to write a report on that interaction. In these reports, they’ll detail the reason for the stop and the tests they administered as well as any suspicious actions or remarks from the individual.

If there are any inaccuracies in your report, your lawyer will work to find them by comparing the document with your testimony, the accounts of witnesses, and any video recordings. This could compromise the officer’s credibility and work toward your defense.

 

If you’ve been charged with driving under the influence, make an appointment with Legal Solutions For Families in Turmoil. At this Warrenton, MO, firm, DUI attorney Jeffrey A. Robertson has been helping clients find legal solutions since 1986. He also works in matters of family and elder law, so you can return to the same trusted professional for all your legal needs. To learn more about the firm, visit the website or call (636) 528-5220 to schedule a free initial consultation.

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