If you have been charged with driving under the influence (DUI), the first thing you want to figure out is how you can get yourself out of trouble. Facing a DUI charge can be frightening, to say the least. After all, a conviction can result in serious repercussions such as the suspension of your driver’s license, fines and possible jail time, among other consequences.
Certain police mistakes during a DUI stop, arrest and arraignment can help you defend yourself. For starters, the police must follow specific guidelines while pulling you over, administering the BAC tests and preparing you for arraignment. Citing these mistakes during your trial can be your best chance of getting your charge dismissed.
Here are police mistakes that you can use in your defense during your DUI trial.
Failure to mount legal checkpoints
Law enforcement officers are required to publicize a checkpoint and locate it in a safe area. Additionally, the police cannot perform biased stopping.
Failure to demonstrate probable cause for your arrest
The police cannot merely pull you over for DUI on gut feeling. They must have reason to believe you could be drunk driving. In other words, you must be breaking traffic law for the police to pull you over. This could include swerving, persistently tailgating, hugging the centerline or erratically braking and accelerating. If the police cannot provide evidence that you were somehow breaking the law, then you can challenge their right to have stopped you and the DUI arrest that followed.
Facing a DUI charge can be overwhelming. However, it is important to understand that not every DUI arrest and charge ends in a conviction. Find out how you can exploit police mistakes to your advantage when facing a drunk driving charge.