Before the police can stop you and make an arrest, they must follow specific procedures. Unfortunately, sometimes the police can fail to follow these procedures and make mistakes, either accidentally or intentionally.
These mistakes can affect the outcome of your DWI case. Therefore, it is essential to familiarize yourself with the common mistakes police make when making an arrest.
Failing to conduct a proper investigation
When law enforcement officers pull you over on suspicion of driving while intoxicated, they must establish if you’re intoxicated. They can do this by administering a field sobriety test and examining your bodily motions to determine your level of impairment.
However, the law enforcement officer might fail to properly investigate the situation and draw implications about your intoxication based on circumstantial evidence.
Illegal traffic stop
A police officer should not stop you based on a hunch. Instead, they must reasonably suspect you are violating a traffic rule. Reasonable suspicion entails more than a hunch, which means they must be able to show the exact behavior that made them pull you over. For example, you can be stopped if you are speeding, making improper lane changes or using your cell phone.
Improper administration of chemical tests
There are three chemical tests: urine, blood and breath, which help determine blood alcohol concentration. Any mistake during the test administration can corrupt the sample and result in a false positive.
Poor record keeping
When testifying against you, the arresting police officer must remember each detail of your interaction. While they can refresh their memories by referring to their notes, there are chances that they can read from a script. In addition, the officer might have failed to keep the original notes, forgotten facts and copied and pasted them from other arrest records, affecting the outcome of your case.
A DWI conviction can affect your life. However, you can minimize the consequences by seeking legal guidance, especially if you feel that the arrest was unlawful and that the arresting officer violated your rights. The mistakes made by the arresting officer can be used to create a solid defense for your case.
