As the name suggests, law enforcement officers are trained to enforce the law. If the police have reasonable suspicion that you are driving under influence (DUI) of drugs or alcohol, they may pull you over and investigate. An investigation may lead to an arrest.
But, law enforcement officers are human. Sometimes, they make mistakes while handling DUI cases. Those mistakes can be part of your defense. Here are two you should recognize:
An unlawful traffic stop
The police must have a reasonable suspicion that you are operating a motor vehicle while intoxicated to stop you and investigate. This means they must be able to point out specific conduct that gave them a reason to pull you over.
Were you making illegal turns? Were you driving erratically or extremely slow? Were you unable to maintain lanes while driving? These are some of the reasons that might give the police reasonable suspicion to stop you for a DUI check. However, if the underlying traffic stop was illegal, then you can use this to fight your charge.
An improper breath alcohol test
A breath alcohol test (often called a “Breathalyzer”) is the equipment used by law enforcement to establish the suspect’s blood alcohol content (BAC). That’s evidence that can then be used in court.
In order to provide accurate results, however, the equipment must be properly calibrated and regularly maintained. Additionally, the officer must know how to use it. If the police do not have proper training on how to use the equipment, then you can challenge the BAC results that they are using to prosecute you.
If the police made these mistakes while handling your case, it is in your best interest that you bring them up as part of your defense against the DUI charge.