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Common DUI mistakes that police officers often make in Louisiana

On Behalf of | Dec 5, 2022 | DUI Defense

There are a lot of things that can go wrong when it comes to a DUI arrest. Police officers sometimes make mistakes, and those mistakes can end up costing drivers their freedom and their wallets. If you get arrested for driving under the influence of drugs or alcohol, it pays to know what some of these common mistakes are.

Stopping you without probable cause

Usually, police officers need to have probable cause to pull someone over. If they don’t have any reason to believe you’re committing a crime, then the stop is not legally valid. This means that if the officer can’t point to a particular action or circumstance that made them suspicious of drunk driving, then any evidence collected during the stop may be thrown out of court.

Not giving you a Miranda warning

When an officer arrests someone, they should advise them of their right to remain silent and their right to an attorney. This is meant to protect people from incriminating themselves as anything they say can be used against them in court. However, if an officer fails to give a Miranda warning and the driver makes statements that implicate them, then those statements may not be admissible in court.

Not using standard field sobriety tests

The field sobriety tests that are commonly used to detect alcohol impairment, such as the walk-and-turn test or the one-leg stand test, have been proven to be reliable in a court of law. Sometimes, though, police officers may not use these tests and instead rely on their own judgment. If this happens, then the accuracy of any evidence collected from the field sobriety test may be questionable.

Not properly calibrating breathalyzers

Breathalyzer machines need to be regularly calibrated in order to ensure they’re accurate. Sometimes, though, police officers may not properly calibrate their breathalyzer machines or use outdated devices. This can result in inaccurate readings and could lead to a false DUI charge.

It’s important to be aware of these potential DUI mistakes that police officers can make so you can protect yourself if you’re ever pulled over for driving under the influence. If you believe that any of these mistakes were made during your arrest, you may be able to have your charges dismissed or reduced.