Did the police make an error in your DUI case?

On Behalf of | May 22, 2023 | DUI

Police officers are humans. As such, they are prone to mistakes like everyone else. They are also prone to personal biases.

If an officer arrests you for driving under the influence (DUI), looking closely at their behavior is essential. If you find they did something wrong, it could help you get off the hook.

Here are some of the things they might have done wrong

Florida does allow DUI checkpoints, where officers stop a series of cars and check to see if people have been drinking. Yet officers must follow strict protocols.

For example, they must be able to explain why they chose your car to stop, as opposed to the one in front or behind you. They cannot just choose to stop who they do not like the look of.

If they stopped you somewhere other than a checkpoint they again need to explain why they stopped you. They must be able to show they had reason to believe you were breaking the law. Valid examples could include you were swerving across the center line, appearing to have a bottle of alcohol in your hand or matched the description of a vehicle seen leaving a crime scene.

Even a broken taillight could justify the initial stop. To ask you to take a test they would need to show further justification, such as smelling alcohol on your breath.

While police officers are tasked with upholding the law, they are not above it, so any procedural error on their part could be enough to see your charges dismissed. To increase your chances of success it’s best to get help from someone who understands the relevant laws.