A DUI arrest can carry serious consequences, but sometimes officers do not follow proper procedures. Officer mistakes can lead to an improper DUI arrest, which affects the case’s outcome. Here are some ways that a DUI arrest might not have been legal.
Lack of reasonable suspicion
Officers need reasonable suspicion to pull someone over. They must observe something that makes them suspect a driver is violating the law, such as erratic driving or a broken taillight. If no valid reason exists to stop the vehicle, the entire arrest becomes unlawful.
Improper field sobriety test administration
Officers must follow specific guidelines when administering field sobriety tests. These tests include walking in a straight line, balancing on one leg, or following a light with the eyes. If the officer fails to explain the test properly or conducts it on uneven ground, the results are not accurate or admissible in court.
Faulty breath test results
Officers must ensure breath test devices are properly calibrated and maintained to provide accurate results. If an officer uses a breath test device that has not been calibrated recently or operates it incorrectly, the results are unreliable. This makes the arrest illegal or weakens the prosecution’s case.
Failure to read Miranda rights
After a DUI arrest, officers must read Miranda rights before any questioning. These rights include the right to remain silent and the right to an attorney. If an officer fails to inform the driver of their rights, any statements made cannot serve as evidence, impacting the legality of the arrest.
Unlawful search of the vehicle
Officers need either probable cause or the driver’s consent to search the vehicle. If the officer searches the vehicle without permission or a valid reason, any evidence collected cannot be used in court. This could also make the DUI arrest invalid.
Understanding the legalities surrounding a DUI arrest makes a significant difference in how a case proceeds. Knowing your rights helps you protect yourself when dealing with law enforcement.