You might assume that the actions the police officer takes are according to protocol when you are pulled over for a DUI. However, there are many mistakes that even seasoned police officers make that can lead to your DUI case being thrown out. By knowing what these mistakes are, you will be better able to protect your rights.
The arresting officer must have a reasonable suspicion to be able to stop your vehicle. The officer must be able to support his reason for a traffic stop. If you are able to prove that there was no justifiable reason for stopping you, all of the evidence collected as a result of the stop must be thrown out of court.
If you are driving erratically, another motorist could call you, and this could be used as a justification for pulling you over. However, if the motorist does not provide his or her name and phone number, the evidence collected from the arrest must be thrown out of court.
When a driver appears to be weaving but is not weaving excessively and has not drifted out of his or her own lane, this is often not strong evidence to support the arresting officer pulling you over. In cases of excessive weaving, however, the stop might be considered justified.
The Breathalyzer Test
An incorrect breathalyzer test is another common mistake that leads to cases being thrown out of court. The breathalyzer must function properly and be re-calibrated regularly. Various tests, such as the urine test and the blood test, must be performed carefully. For example, if a blood sample is not stored properly, it might ferment and may have a higher blood-alcohol content than at the time of the arrest.
Unmarked Police Cars and Plainclothes Officers
Most states do not allow an officer to make a traffic stop when off duty and out of uniform. If you are surprised by an officer out-of-uniform pulling you over, he may not be able to legally arrest you.
When working with a DUI attorney, you will have the help of an expert who is able to help you identify weaknesses in the prosecution's case that may lead to your charges being dropped. For example, there are very specific rules regarding how an officer must perform a sobriety checkpoint and handling the checkpoint in an incorrect manner can lead to the evidence being thrown out.
Contact a law office like Thomas & Associates, PC for more information.