3 mistakes that law enforcement can make in DUI arrests

On Behalf of | Oct 14, 2021 | Criminal Law |

Citizens across Montana rely on their driving privileges for a variety of reasons each day. Often, driving is the only way that individuals can earn money through employment. Additionally, people commonly rely on using the road to visit loved ones and make social visits. 

As a result, the consequences of a driving under the influence (DUI) conviction can be bad. Police officers are required to meet strict protocols during the course of their activities, and like all humans, they are not immune from making mistakes. Consequently, it is worth considering some errors that a police officer might make during a DUI arrest. 

Improper administration of a Breathalyzer test

When faced with DUI charges, a Breathalyzer test will often be one of the key pieces of evidence used against you. However, Breathalyzer tests are subject to legal requirements, including regular maintenance and appropriate calibration. Additionally, police officers should be trained on how to administer the tests correctly, reducing the margin for mistakes. If a chemical test is not calibrated properly or is used incorrectly, results could be skewed. Consequently, the findings of the tests may not be admissible in court. 

No probable cause to stop you 

Typically, police officers cannot stop you without probable cause or for arbitrary reasons or prejudice. They generally must have reasonable suspicion to pull you over on suspicion of DUI. This means that officers ought to have a reason to suspect that you are intoxicated while driving. Common examples of behavior that could arouse suspicion include erratic driving, crossing over the road’s center line and speeding or driving too slowly. 

Inadequate paperwork 

Law enforcement is not immune from making mistakes and is also occasionally prone to discriminatory behaviors. Fabricated or inaccurate information may be inadmissible in evidence. 

Driving remains an important privilege to many people across the country. As a Montana driver, it is important to note that you have legal rights when faced with criminal charges.