Driving under the influence (DUI) is a serious offense that communities aim to minimize. However, law enforcement officers must follow a strict protocol throughout the process. If they fail to do so, a defense attorney can often use this to argue for a reduction or dismissal of charges. However, to be successful in an Ohio court, you must prove that the officer was not in substantial compliance, and made errors that were more significant than a slight misstep. Here are a few mistakes police might make during a DUI stop.

What Police Errors Can Help a DUI Case?

1. Not Having Probable Cause

For law enforcement to pull someone over legally, they need probable cause. This means an officer must have reasonable suspicion that the driver has committed a traffic violation, such as speeding, making unsafe lane changes, or running a red light. Without evidence of this, a defense attorney can argue that the traffic stop was unlawful.

Police also need to establish probable cause before taking a driver into custody for DUI. Suspecting drunk driving isn’t enough to warrant an arrest, unless there’s evidence to back it up, such as an open container, slurred speech, or bloodshot eyes.

2. Improper Testing

Commonly, police officers will have a suspected driver perform field sobriety tests. This typically includes having the driver walk in a straight line, stand on one leg, and follow a horizontal gaze. These tests help police identify signs of intoxication. Although, to count as evidence, they must administer them properly.

For example, law enforcement needs to provide clear instructions, ensure the test is on level ground, and consider the physical health of the driver. If there’s any indication of improper administration, a defense attorney will file a motion for the court to deem them invalid.

3. Conducting an Illegal Search

The Fourth Amendment of the U.S. Constitution protects citizens from illegal searches. As such, the police need probable cause to initiate a DUI stop, as well as to search the vehicle. If they cannot establish probable cause, they must produce a warrant or get the driver’s consent. If they do a search without these requirements, any evidence they obtain will likely not be admissible in court.

If the police charge you with a DUI, turn to James F. Bogen, Attorney at Law for help exploring your legal options. This Cincinnati, OH, defense attorney will investigate the details of your traffic stop and arrest thoroughly to determine if your rights were violated. In practice since 2002, he knows exactly what to look for and how to use law enforcement mistakes to the advantage of his clients. Call (513) 503-7251 to schedule a consultation. Visit him online for more information on his approach to DUI defense.