Driving under the influence (DUI) is a serious offense and can lead to jail time, suspension of your driver’s license, and significant fines. In some instances, however, law enforcement may make a mistake during the arrest that could ultimately cause the case to be thrown out. A DUI attorney who’s well-versed in criminal defense will search for the following police officer missteps.

What Errors Do Officers Commonly Make During a DUI Arrest?

1. Lack of Probable Cause

Unless the stop occurs at a DUI checkpoint, police officers can’t pull a driver over and demand a field sobriety test without having probable cause. You must be speeding, swerving, driving recklessly, or otherwise operating a vehicle in a way that reasonably causes the officer to suspect you’re under the influence.

The officer should tell you why they pulled you over and include this information in the report. Otherwise, a DUI attorney may be able to cite a lack of probable cause to potentially have your charge dismissed.

2. Field Sobriety Test Issues

Field sobriety tests have some inherent weaknesses. The National Highway Traffic Safety Administration (NHTSA) found that the walk-and-turn test is only accurate 68% of the time, while standing on one leg has an accuracy rate of 65%. DUI attorneys are especially well-positioned to challenge the accuracy of these tests if other factors could have affected their outcomes, such as bad weather or uneven terrain.

3. Inaccurate BAC Testing

There are several criteria that must be met for the results of blood alcohol content (BAC) tests to be valid. For one, the chain of custody must be properly managed and documented. For instance, if the results wound up in the lab but were never time- and date-stamped when they got there, an attorney might argue that there could have been tampering at some point.

The testing equipment should have been recently inspected. The draw must also be done with the proper sterile equipment, and the sample should be taken promptly. In addition, the police officer must obtain an electronic warrant in order to perform a blood draw. If any of these steps are overlooked, the legitimacy of the results may be called into question.

If you’ve been arrested for a DUI, allow Ibold & O’Brien to present a strong defense for your case. Serving Geauga and Ashtabula counties in Ohio, this team of DUI attorneys can handle every aspect of your defense from the first court appearance all the way through plea negotiation or trial. Find out more about their comprehensive approach to creating a solid defense on their website or call (440) 285-3511 to schedule an appointment.