By law, police officers must follow specific rules and regulations when stopping or arresting a suspected drunk driver. If any of these legal guidelines are not met, there’s a chance that the suspect's DUI attorney will be able to get the charges dismissed. To help you better determine if law enforcement made an error during your drunk driving arrest, here’s a closer look at three common missteps.

Ways Police Can Make Mistakes During DUI Arrests

1. They Don't Have a Valid Reason to Pull You Over

An officer can’t stop you simply because they have a hunch you’re intoxicated. There must be probable cause to warrant the stop. That cause can be totally unrelated to drunk driving, such as speeding, running a red light, or an expired tag. It could also be a more obvious indicator of impairment, like weaving between lanes, tailgating, or quickly accelerating or decelerating. Without probable cause, a DUI attorney could argue that all of the state's evidence must be excluded from consideration.

2. They Don't Correctly Administer the Field Sobriety Test

Field sobriety tests are not always accurate indicators of intoxication, mainly because their results are easily tainted by police error. There’s a strict protocol involved in administering these tests, and any deviation from standard practice can all but ensure the suspect fails.

Also, the police officer must take extenuating circumstances into account when giving these tests; the weather, the terrain, and any medical conditions the suspect might have can all impact the outcome. If an officer doesn't consider all factors when gauging the results, the testing methods can be questioned.

3. They File an Incomplete Report

Prosecutions depend on the accuracy and thoroughness of police reports. If an officer files an incomplete, vague, or downright inaccurate report, the prosecution won't have a strong case to present, and a DUI attorney can question the document's validity. The burden of proof is on the prosecutors, and without a clear, strong report from police, they may not be able to establish guilt beyond a reasonable doubt.

If you've been arrested for drunk driving, a DUI attorney will investigate your case for police error. The legal team at John S. Appelbaum Law Offices has been serving the Jefferson County, MO, area since 1986. Attorney Appelbaum offers representation in DUI, criminal defense, family law, and personal injury cases, all with an emphasis on dedication and personalized attention. Call (636) 464-1855 or visit his website to schedule a consultation.