DUI defense: How police mistakes can affect your case

On Behalf of | Jul 4, 2022 | DUI |

If you’ve been arrested for driving under the influence (DUI) of drugs and alcohol, you can bet that the police think they have a good case – but, do they? 

Did the police follow the law when arresting you? Were there any legal blunders on their part that could affect your case? Here are some actions by law enforcement that could turn everything around:

An illegal stop

Most likely, the police pulled you over at some point. However, such traffic stops have to be informed by the law. The police can only pull you over at a legal DUI checkpoint or with reasonable suspicion that meets the threshold of a lawful traffic stop. Otherwise, a random stop is considered illegal and is a violation of your rights.

Improper sobriety tests

When the police are administering field or breathalyzer sobriety tests, they need to ensure the accuracy and reliability of their findings. For example, a wrongly calibrated breathalyzer cannot deliver reliable results. Similarly, an improperly administered field test cannot determine a driver’s sobriety.

Mistakes when handling evidence

If you submitted blood or urine for chemical analysis, but the police made mistakes when handling or transporting the evidence, that evidence loses its credibility. Where the blood was drawn by someone not qualified to do so, or there was a mix-up or contamination, it could weaken the prosecution’s case.

When you’re facing drunk driving charges, it is crucial to get an informed assessment of the evidence against you and the steps you can take in your defense. You may not realize just how unreliable the so-called evidence against you can be.