Everyone makes mistakes, but some errors are much more detrimental than others. For example, when a cop makes an oversight during an investigation the entire case can be put in jeopardy. For some, this might be good news and for others, it can be heartbreaking. When it comes to DUIs, finding out that the arresting officer made a mistake during the investigation can be good news for the person who was convicted of the DUI. There have been many cases where the arresting officer has made a mistake resulting in the lesser charges for the person with the DUI and even possibly having the case thrown out due to that one error.
As a DUI attorney, we know the penalties that can take place for a person who has gotten their first DUI. From possible jail time to paying expensive fees, getting a DUI can be costly for one’s future. If you’ve recently gotten a DUI, then take the time to contact a DUI attorney who will challenge every aspect of the prosecutor’s case starting with whether there were any mistakes made.
Five Errors That Are Made During A DUI Arrest
Making errors is human nature. In fact, getting a DUI is a human error that even though you knew could’ve been avoided, you decided to take the risk anyway. When it comes to the investigation process for an officer, there are some mistakes that can be made during a DUI. If there are mistakes made during a DUI, like the ones listed below, then the case can be put in jeopardy. These five errors are different ways that could put your DUI case in jeopardy.
Misconduct During Field Sobriety Tests
The first error a police officer can make is misconduct during a field sobriety test. A field sobriety tests are the tests that you take to prove you are sober. These include saying the ABC’s backward, touching your nose with your finger, standing on one leg, and walking in a straight line. Many officers when they are are giving you a field sobriety test don’t take into account the environment, medical conditions, exhaustion, and the weather when they administer the tests. If the pavement is uneven and you trip and fall even though you’re sober, then you could get a DUI even though you were hurt due to the structure of the walkway. For example, there are certain field sobriety tests that can’t be administered to certain people because the physicality of it is difficult for those who may be overweight or physically disabled. The officer needs to comply with the appropriate guidelines – the National Highway Traffic and Safety Administration – and when they don’t, the results of the field sobriety test are liable to be argued due to the conditions.
No Probable Cause For Arrest
Even if you’ve been pulled over for a DUI or another traffic stop, that doesn’t mean a police officer can search your car. A police officer still needs probable cause to be able to search the car. Probable cause is when there is a reason to believe that you may have been participating in illegal activities inside your car. In this case, a police officer would believe that you’re committing driving under the influence based on evidence in your car such as a bottle of liquor. If there’s not probable cause to search your car and an officer does so anyway, then the evidence they find can be dismissed in court. Your case can be strengthened if there is no solid probable cause and the evidence that’s found before the arrest can be suppressed by your DUI attorney. It’s very hard to get a case entirely dismissed for this error, but if your care is searched illegally the evidence can be negated because there was no solid probably cause.
Improper Administration Of The Breathalyzer Test
Like a field sobriety test, a breathalyzer test can be improperly administered. A breathalyzer will check your blood alcohol content. If you’re over .08 percent in Colorado, then you’ll receive a DUI. If you’re between a .05 percent and .08 percent, then you’ll be given a DWAI. A DWAI is just as serious as a DUI because you’re still being charged with driving under the influence; it just depends on the severity of the sentencing you’ll face. The way that an error can be made with a breathalyzer test is by not following 42-4-1301 of the Colorado Revised Statutes. A breathalyzer test needs to follow in strict accordance with 5 CCR 1002. Some of what these rules include are taking two breath samples, a 20 minute ‘deprivation period’ which means that the person cannot eat, belch, vomit, or insert an object into their mouth, and a clean mouthpiece must be used when testing the suspect. If the arresting police officer doesn’t follow these rules, then the results of the breathalyzer can be dismissed.
Illegally Stopping You
There must be a reason that the police officer pulled you over. You don’t get pulled over because a police officer thinks that you’re driving under the influence there needs to be a traffic violation that takes place for you to get pulled over. If there’s no reasonable suspicion to be pulled over such as broken tail light, expired tags, or running a stop sign, then the traffic stop can be seen as illegal. If the police officer doesn’t have a valid reason for justifying the traffic stop, then any of the evidence gathered once you’ve been pulled over can be suppressed on a motion from your DUI attorney.
Incorrect Arrest Report
If the arresting officer makes any mistakes on the DUI report, then it puts into question the reliability and the credibility of the officer, which throws the trial into dispute. Police officers may not take notes when they make the stop and then fill in the report later, which results in some inaccuracies taking place. If there are any inaccuracies in the report, then it could put the case in jeopardy. For this sole reason, you need to hire an experienced DUI attorney who will know whether there are any inaccuracies in the report. A DUI attorney will locate the DUI arrest report to determine if and what the inaccuracies are. It won’t be enough to get everything dismissed, but it will put into question the validity of the case.
The most important thing you can do when you get a DUI is to hire a DUI attorney. A DUI attorney will help to find if there are any errors in the arresting report or during the investigation, so you can have a stronger case. With an experienced, reliable lawyer, you’ll be able to have a more positive outcome for your DUI case. If you’ve found yourself with DUI charges, then take the time to contact a lawyer from Roselle & Breitigam, P.C.