In our last post, we discussed the
five common mistakes people make after a DUI arrest. However, it is not uncommon for law enforcement to commit errors during
the investigation. If an officer fails to follow strict protocol, it is
possible for the defendant--with the help of a criminal defense attorney--to
file a motion to suppress evidence in court, which can eventually lead
to the dismissal of the entire case.
Here are the five most common mistakes the police make during a
The officer did not have probable cause - In order to make a valid traffic stop, law enforcement needs to have
reasonable suspicion, rather than just a hunch. Proper investigatory stops
include traffic violations or equipment malfunctions. If a defendant successfully
challenges a traffic stop, the evidence gathered prior to arrest can be
The officer did not properly administer the field sobriety tests - If law enforcement suspects that a driver has been drinking, they typically
request the motorist to take one or more field sobriety tests (i.e. one-leg
stand, walk and turn, and horizontal gaze nystagmus). These tests must
be administered according to the standards established by the NHTSA. If
an officer fails to properly administer the test, the results are invalid.
The officer did not properly administer the breath test - Officers must obtain certification and training in order to administer
breath tests. They need to ensure the test is properly calibrated, they
observe the suspect for at least 15 minutes before administering the test,
and all of procedures are followed. If an officer breaks protocol, the
results will be suppressed.
The officer did not follow the rules at a DUI checkpoint - Sobriety checkpoints enable police to block passage through a road and
assess random cars to arrest drivers who have been drunk driving. However,
officers may not stop cars at random, detain motorists for too longer,
or fail to post about the checkpoint in advance. If the police are not
following the procedures, defendants can challenge their arrests.
The officer did not report the arrest correctly - It is possible that police filled out their reports inaccurately because
they failed to take any notes during the traffic stop. If law enforcement
filled out an inaccurate police report, defendants can challenge the legitimacy
of the report.
If you have been arrested for a DUI in Daytona Beach,
Law Offices of Robert Stepniak today.