Hundreds of thousands of people are arrested each year on suspicion of driving under the influence.
One source, citing FBI data from 2021, notes that the police arrested north of 443,000 people for that criminal offense. Meanwhile, the source adds that the number could be more than reported, given that some states did not contribute information to the FBI reporting.
Few things can be as unnerving as driving along and seeing a police car pull up behind you with the strobe lights flashing in all their glory. It can be even more stressful if an officer approaches your vehicle, asks for your information, and ultimately charges you with a DUI.
While there’s no defending drinking and driving, the police are still obligated to follow procedures before and after charging you with a criminal offense. So, if you experience this scenario, make mental notes of everything that transpires so you can tell your DUI lawyer.
Here are five police mistakes that can result in a judge tossing out the charges against you.
1. Making Mistakes in the DUI Report
If the law enforcement officer filling out the police report makes errors, that could be grounds to challenge the charges. For instance, if they write the wrong time, the wrong intersection where the stop occurred, or some other important detail, your DUI lawyer can highlight the inconsistencies and challenge the validity of the charges.
That’s one reason to focus on finding a good legal representative to examine all the evidence.
2. Failing to Go to DUI Hearings
Another police mistake that can get your DUI charges thrown out is if the police officer doesn’t attend DUI hearings. Police officials have a lot on their plates. And they sometimes miss critical DUI hearings. The demands of their work will allow for some flexibility. But too many missed DUI hearings can try any judge’s patience. To administer justice fairly and without needless delays, a judge could ultimately throw out the charges.
3. Conducting Breath or Blood Tests Improperly
While you can refuse to take a breathalyzer test, doing so is illegal in some states. You need to find out whether or not you have the right to refuse without incurring charges.
But if the police don’t adhere to strict procedures in carrying out breath or blood testing, the results could be thrown out. Your DUI lawyer will comb over every detail to see if any deviations from established protocols were committed.
4. Taking Too Long to Conduct Blood or Breath Tests
When police conduct blood or breath testing on people suspected of driving under the influence of alcohol, they must follow strict timelines. Forcing a driver suspected of intoxication to wait an unreasonable amount of time is almost certainly grounds for a DUI lawyer to contest the charges.
That’s why you must make mental notes of everything that occurs. You can relay this information to your DUI lawyer, and your legal professional will determine if your rights were violated.
5. Making Mistakes During Sworn Testimony
One reason you must find an experienced DUI lawyer is so that the legal professional can identify errors or inconsistencies the police make in their sworn testimony. If the police make factually inaccurate or inconsistent statements in court, your DUI lawyer will challenge the accuracy of their statements. In questioning whether there are sufficient grounds to continue the trial, your lawyer might convince a judge to toss out the charges against you.
While the best way to avoid a DUI charge is to avoid drinking and driving, you’ll want a reputable DUI lawyer on your side if you face such a scenario. Given the circumstances, it’s your best chance to get the best legal outcome possible.
