Five Things Police Screw Up Du...

There are numerous circumstances during a DUI arrest that could work to your benefit; having the right lawyer on your side could make all the difference.

Police officers are trained to look out for certain telltale signs that could indicate intoxicated driving. If there is insufficient probable cause based on facts observed (rather than simply the smell or bloodshot eyes), officers must discontinue the stop.

1. You Don’t Do the Field Sobriety Tests

Police who suspect someone of DUI must conduct a thorough investigation, including questioning the driver, observing their bodily movements and administering standard field sobriety tests. All these measures help build probable cause against that individual and lead to their arrest.

An officer may pull you over for suspicion of DUI for various reasons, such as swerving, crossing a double yellow line or driving erratically. Even something as innocuous as searching for your license or registration will likely prompt an officer to write up their report on the incident.

Police will also observe your responses, eyes and body odor; how you perform various tests; as well as any resistance and/or belligerence shown towards officers during your interaction. All these observations will go into their report which can later be used against you in court proceedings. When speaking with law enforcement it is crucial that you remain polite and respectful as everything will be recorded on video footage for future reference by court officials. Any attempts at resistance and belligerence only serve to make them suspect your guilt more strongly in their eyes.

2. You Don’t Do the Breath Test

Police officers will request drivers submit to breath testing devices, but it’s crucial that you don’t do this. If you do blow into a PBT and register a blood alcohol content (BAC) of 0.8% or above, this could serve as probable cause for arrest and potentially DUI prosecution.

Blood or urine tests tend to be much more accurate than breath tests and this could work to your advantage in your case. Unfortunately, however, blood or urine tests can still go wrong due to medical issues, a lack of training, language barriers and impatience on the part of some test administrators.

Refusing to take a breath test is your legal right and may prevent you from losing your license for one year. If you fail to request a hearing within 10 days after being arrested, your license will automatically go into suspension – however we can help with this! Reach out to us now and learn about our DUI defense services that could fight to help regain it for you!

3. You Don’t Do the Blood Draw

As it can be very stressful and frightening when police pull you over for DUI, the arrest process must adhere to stringent protocols in order to protect your constitutional rights and preserve evidence chains in court. Thus it’s essential that you understand common mistakes made by officers as part of their investigations that could later be used against you in your case.

Police can legally request blood tests of suspected drunk drivers during DUI stops, but cannot compel you to submit without first getting your consent or obtaining a warrant. Due to health risks associated with drawing blood samples and laws put into place to ensure they are collected, stored, and analyzed appropriately.

When giving a blood sample, an officer will conduct specific tasks and keep detailed notes to ensure the process was conducted accurately. These steps are crucial in order to suppress your results in court; however, the longer and more complex the procedure becomes, the higher is its likelihood that mistakes occur.

4. You Don’t Do the Attitude Test

As soon as the police approach you for questioning, remember that any statement can be used against you. Be polite and respectful at all times; address each officer as “officer” and avoid making sudden movements. Avoid making police officers uncomfortable by getting aggressive or making statements that could escalate a situation. Be wary of becoming combative with them or becoming argumentative; that only escalates matters further. Your attitude can make an enormous difference to how the officer views you and could determine whether or not they investigate you for DUI. This is particularly relevant if they observe inconsistencies during field sobriety tests like stepping off of the line during a one-leg stand or jerking your eyes when trying to bring their finger out 45 degrees.

5. You Don’t Resist Arrest

DUI (driving under the influence) charges can have lasting repercussions for years or even life, and to avoid becoming one it is essential not to drink and drive in the first place; if caught resisting arrest can only make matters worse for yourself and those around you.

Once pulled over, immediately roll down your window and turn off your radio. Keep your hands visible so an officer can easily see them when answering any questions asked of you by an officer, answering politely yet briefly when asked any queries; remembering you have the right to remain silent and retain legal counsel if needed.

Be prepared to present an officer with your license, registration and proof of insurance as quickly as possible. Fumbling for these items could be seen as evidence of intoxication or impaired driving; refusing a roadside breathalyzer will be noted similarly. If arrested later on, expect more sophisticated tests at the police station; make sure to keep an account of what happened during this stop and write everything down; this can help refresh your memory later when speaking with a criminal defense attorney.