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Carter Foreman | Attorneys At Law
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How could arrest errors affect the outcome of your DUI case?

On Behalf of | Nov 30, 2021 | Criminal Law |

If law enforcement pulls you over on suspicion of driving under the influence of alcohol (DUI), you will likely feel apprehensive, wondering what will happen next.

A number of issues may arise during your arrest, among them administrative and testing errors. How would these affect the outcome of your DUI case?

Reasonable suspicion

A law enforcement officer must have reasonable suspicion before arresting you on a charge of DUI. The National Highway Traffic Safety Administration lists stopping unexpectedly, swerving, slow speed and failing to signal among the actions that might lead an officer to that sort of suspicion.

Certain procedures

An officer must follow precise police procedures during a traffic stop. Common errors include failing to follow proper sobriety test or breath test procedures and failing to save field notes. Also, the results of testing will support probable cause for the arrest. Did the officer have probable cause for pulling you over on suspicion of DUI?

Police report findings

In seeking legal guidance to help you contest your arrest for DUI, you and your attorney should carefully review the police report. In this report, the officer must explain the events surrounding the traffic stop. Your attorney can help you understand the codes the officer uses to describe certain details. A careful review of the police report may turn up mistakes as ordinary as the day of the week or the time of day the stop occurred.

Validated methods

The officer who arrests you on suspicion of DUI must use scientifically validated methods to prove that you were operating your vehicle while under the influence of alcohol. Any deviation from accepted procedures, a breath test device that was not calibrated properly or testing administered by someone who was not properly trained could turn the case in your favor.