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How Can a Police Mistake Lead to Your DUI Charge?

By Joseph Low on February 13, 2013

Police are always on the lookout for possible drunk drivers on the roads. Whether it is while on patrol or through a driving under the influence (DUI) checkpoint, officials look for possible signs of intoxication. While officers have received training on how to spot a possible drunk driver and what steps must be completed to make a legal arrest, they can still make mistakes. Unfortunately, these mistakes can lead to the arrest of someone that violates his or her legal rights.

There are many law enforcement errors that may be made during the course of a DUI arrest. Knowing what they may be can help protect your rights and lead to a favorable court decision.

DUI Pullovers

Officers must have probable cause to pull over a vehicle for possible drunk driving and cannot do so without a concrete reason. The driver must have violated a traffic law or driven in an unsafe manner, such as swerving or nearly hitting a hazard, for the police to have a reason for a pullover.

Field Sobriety Tests

These tests are meant to give police probable cause for searching the vehicle or placing a suspect under arrest. However, many field sobriety tests, such as the walk-and-turn or standing on one leg, may be compromised if the suspect has some form of disability or is simply uncoordinated and arrests that are based on its results may be incorrect.

Breathalyzer Readings

Breathalyzer tests give police a reading of the blood alcohol content of a suspect while on the road and at the police station for use as evidence in an arrest. However, these devices must be regularly calibrated, or else they will incorrectly show a suspect to be over the legal limit or guilty of an aggravated charge.

Arresting and Charging

In the course of an arrest, a suspect must be read his or her Miranda rights and be treated fairly under the law. Any violation of this, such as not reading rights or refusing the suspect to have access to a lawyer, can compromise the charges.

Knowing Your Rights, Defending Your Future

At The Law Firm of Joseph H. Low IV, our legal team is committed to protecting the rights of each defendant. The consequences of a DUI charge can result in jail time, fines, and loss of driver’s license, each of which can affect your life for years to come. To learn more about your rights and find out how we can help, call Long Beach DUI defense attorney Joseph H. Low at (888) 454-5569.

Posted in: DUI

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