DUI arrests are on the rise and, unfortunately, so are the number of people who are wrongfully arrested. If you get arrested for DUI, it’s important to know that there are a number of ways in which the police can make mistakes.
Failing to properly administer the field sobriety tests
There are certain steps that the police have to take when administering DUI tests. If they fail to do so, it could be grounds for having your charges thrown out. Some of them include explaining the tests to the driver before administering them, making sure that the driver is not wearing heels or other shoes that could impede their ability to balance, and making sure that the test is given on level ground.
Not having probable cause for a traffic stop
In order for the police to pull you over, they must have probable cause. This means that they must have a reasonable suspicion that you driving under the influence of alcohol or are about to commit a crime. If they don’t have probable cause, then any evidence that they gather during the stop, including a breathalyzer test, may not be used against you in court.
Failing to Mirandize you
If the police arrest you for DUI, they must read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. If the police fail to read you your Miranda rights, anything that you say after your arrest may not be used against you in court.
These are just a few of the ways in which the police can make mistakes when arresting someone for DUI. If you get arrested for DUI, it’s important to review the circumstances of your arrest to determine if the police officers made any of these mistakes.
