Everyone makes mistakes from time to time, even trained police officers. Most mistakes are minor, but an error during a DUI traffic stop (and arrest) could leave you facing legal consequences you don’t deserve.
Fortunately, you can use a police officer foul-up to help you overcome or minimize your DUI charges. The following sections discuss some common errors the police can make in a DUI stop.
Lack of suspicion
The police cannot pull people over without probable cause. They must have reasonable suspicion of a crime before making a traffic stop. If you know you did not violate traffic laws and were driving safely, you may mount a DUI defense based on a lack of reasonable suspicion.
Improper field sobriety tests
Law enforcement officers receive special training to administer field sobriety tests accurately and lawfully. If the officers that arrested you lacked this training or made an error while testing you, it could help you overcome your situation.
Breathalyzer errors
Although the police use professional breathalyzers to measure the blood alcohol level of motorists, these devices must undergo routine maintenance to remain accurate. It is an area worth investigating when creating a DUI defense because police breathalyzers are not always in ideal working condition.
Police misconduct
Always remember that peacekeepers are just as bound by the law as those they serve. They should always treat you respectfully and cause no harm during a DUI stop. If the officers get too rough with you during your arrest or cause you injury, you may have a chance to use their misconduct in your favor.
You always have DUI defense options, even when your circumstances appear bleak. We believe learning more about North Carolina DUI laws can improve your situation.
