It may not seem like it, but drivers charged with DUI are innocent until proven guilty in a court of law. So it is essential not to admit guilt, break other rules or otherwise make things easier for law enforcement.
In fact, law enforcement has to do several things correctly if the officer wants the DUI or impaired driving charges to stick.
Common mistakes made by officers
Officers receive training for making DUI arrests, but they are human and do make mistakes. Here is are some common examples:
- Invalid traffic stop: The officer must have a reasonable suspicion that the driver is intoxicated. The stop may be invalid if the driver was obeying all traffic laws, not driving erratically and the car was compliant with all regulations. This can even invalidate a DUI or drug test.
- Invalid test: Each test has a different set of rules and protocols. Not following them invalidates the test.
- Inaccurate test: There are known issues with improperly calibrated breathalyzers used by law enforcement. Moreover, blood tests must be done correctly with the right vials and chemicals to prevent bacteria contamination or clotting to get an accurate blood alcohol content (BAC) reading.
It is best to protect your rights
No one wants a DUI on their driving record, so it is essential to work with a knowledgeable criminal defense attorney with experience handling DUI cases. These charges carry stiff penalties, so it is best to work with an attorney who can recognize law enforcement error and potentially get the charges dismissed or reduced.