Getting charged with a DUI isn't exactly at the top of anyone's list. It's bad enough getting pulled over and put through the paces, but when things aren't done the right way, that makes matters even worse. A DUI is a serious charge and one that shouldn't be taken lightly. Mistakes happen all the time. In the event the investigating officer didn't do what they were supposed to, you might be able to get the charges reduced or thrown out entirely. Check out some of the common mistakes made in DUI cases below.
Not being stopped legally.
A police officer cannot just pull you over because they feel like it. They have to have a valid suspicion that something isn't right before they attempt to pull you over. They cannot just say they thought something was wrong. That isn't enough. There has to be some sort of reasonable doubt that makes them think something is going on. Sure, a police officer can pull you over because your taillight is out, but they cannot start searching your vehicle and looking for signs of open alcohol containers without having a reasonable suspicion to do so. If they fail to follow proper protocol, there is a good chance that you can end up getting any evidence collected thrown out at trial.
Improperly administering a chemical breath test.
When stopped for a DUI, the officer can ask you to take a breath test. However, the individual performing the test has to be certified and trained on how to perform that test. If they don't follow proper procedures while administering the test, it could end up getting the results thrown out of court as evidence. They have to follow the approved methods to use any evidence gathered against you.
Displaying a hostile attitude.
Some police officers simply aren't able to talk to suspects with respect and dignity. Unfortunately, that attitude could end up getting them in trouble. Using wise cracks or defamatory statements when interrogating a suspect will show the individual isn't very professional and makes them look unfair. This can go a long way in winning a jury over to your side and discrediting the officer's testimony. Prosecutors know who is reliable and who isn't.
If one of the three mistakes above are made in your DUI case, there is a good chance that your attorney, such as R. Patrick McPherson Attorney At Law, can work with the prosecution to get the charges dropped or dramatically reduced.
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