Police officers are trained to, among other things, look for and keep drunk drivers out of the roads. Specifically, these law enforcement officers are trained on how to assess your behavior during a traffic stop and collect sufficient evidence to make an arrest if they believe you are driving under the influence (DUI).
However, it is not unusual for the police to make an error during the arrest that can end in a conviction of an innocent person. That is why it is important that you know some of the common police mistakes that you can use in your defense, especially if you are being wrongfully accused of DUI.
Here are common mistakes that police make during DUI stops that you can use in your defense.
Stopping you without probable cause
There has to be a legitimate reason for a police officer to make a lawful traffic stop. Law enforcement cannot just pull you over because they think you are driving under influence. Some of the valid reasons why the police may stop you include:
- Driving above the designated speed limit
- Failing to stop at the red light
- Failing to say within your line while driving
- Reckless driving
Arresting you on account of your statement
Law enforcement officers cannot merely arrest you because you have told them that you were drinking before operating a motor vehicle. They must carry out further investigation and collect enough evidence to justify your arrest. And this evidence must include the results of your Breathalyzer test as well as the field sobriety test.
Incorrectly conducting the breath test
Sometimes, the police wait too long after arrest before administering the breath test. This can end up in skewed results. To be credible, a breath test must be administered within two hours of the traffic stop. While Mississippi’s implied consent law requires that you yield to a breath test, it is important to understand that you can dispute your test results in court.
Drunk driving is a serious offense with severe consequences. If you believe the police made mistakes during your DUI arrest, it is important that you learn how to exploit these errors during your DUI defense.