If you have been arrested and charged with DUI, you may be wondering what you can do to fight the charges. It is important to remember that the police often make mistakes during DUI arrests, and it may be possible to get the charges against you reduced or dismissed altogether.
Stopping you without probable cause
Usually, an officer needs probable cause to stop a vehicle. Probable cause means that the officer has a reasonable belief that a crime has been committed. However, in some cases, an officer may stop a vehicle without probable cause if the driver is acting suspiciously. For instance, if an officer sees you swerving in and out of their lane, the officer may have grounds to pull you over.
Arresting you without reading you your Miranda rights
After an arrest, an officer is required to read the defendant their Miranda rights. These rights include the right to remain silent and the right to an attorney. However, if an officer does not read the defendant their Miranda rights, the defendant may still be able to have the charges against them dismissed.
Using a malfunctioning breathalyzer
If the officer who arrested you used a breathalyzer to test your blood alcohol content (BAC), it is important to know that these machines are not always accurate. If the machine was not calibrated properly or was not maintained, the results of the test may be inaccurate. In some cases, this can lead to a false DUI charge.
Failing to conduct a field sobriety test properly
Field sobriety tests are another common way that officers test for DUI. However, these tests are often inaccurate and can lead to false DUI charges. For instance, if an officer does not give the test correctly, or if the officer is not trained in administering the test, the results may be inaccurate.
If you get charged with DUI, it is important to understand that the police may have made mistakes during your arrest. You should take your time to review your case to determine if they made any of these mistakes to have your charges dismissed or reduced.