Driving under the influence, or DUI, is a serious crime. The consequences of a conviction can include fines, jail time, and loss of driving privileges. However, police officers sometimes make mistakes when it comes to drunk driving stops, and a DUI attorney may be able to use this evidence to help avoid a conviction. Here are some of the more common procedural errors.

4 Police Errors in DUI Arrests

1. Insufficient Reason for a Stop

Police can't just pull over anybody whenever they want. They must have probable cause to stop you for suspicion of drunk driving. Erratic behavior, like running a red light or speeding, would qualify. If you weren't doing anything wrong when you were stopped, however, your DUI attorney can raise questions regarding the police officer’s motive.

2. Incorrect Administration of Field Tests

Officers will first conduct field sobriety testing, such as asking you to walk a line and turn or stand on one leg. If an officer doesn’t administer the test properly—for example, by providing incorrect instructions—it may be considered less reliable.

3. Breath Test Violations

Officers are required to observe you continually for 20 minutes before administering a breath test. This is to make sure drunk driving suspects don't vomit, smoke, or perform any other behavior that would influence the test. If the officer violates this 20-minute requirement, such as leaving you alone at the police station while they prepare the test, a DUI attorney can argue that they failed to follow protocol and cast doubt on the test results.

4. Errors Related to Blood Samples

If you’re asked to provide a blood sample and refuse, the officer can obtain a warrant for a sample. If they fail to obtain a warrant and force you to give a sample, they have violated the law.

Chain of custody is another issue. Once blood is taken, there are set procedures for overseeing, labeling, and storing the sample. If the prosecution can't prove that the sample was in secure custody at all times, this evidence may be thrown out.

If you need a DUI attorney in Elyria, OH, trust Michael D. Doyle, Attorney At Law. This lawyer has been helping clients throughout Lorain County for more than 25 years. He has in-depth knowledge of DUI and OVI law and will fight aggressively for your rights. Find out more about his work in the field online. To request a consultation, call (440) 323-0001.