What if a Mistake Was Made During My DUI Arrest?

Police Brutality Lawyer

Just because a person appeared drunk while driving and was arrested, does not mean they are automatically thrown in jail for the offense. A person has be proven guilty through reliable evidence, and the process leading up to the trial must not have involved any flaws or errors committed by the arresting officer. Those who believe a mistake may have been made during their arrest for a DUI, may want help devising a defense strategy from an experienced lawyer.

Q: What if the officer failed to properly administer my field sobriety test?

A: When a field sobriety test is performed, there are certain steps that must be taken in order to abide by the protocol. If an officer fails to adhere to these procedures, the accused may be released of the charges. This may be particularly true for instances where the officer was being inappropriately intimidating or disrespectful towards the individual after being pulled over.

Q: Is it possible that the testing of my sample was flawed?

A: Yes, mistakes can occur in laboratories where a phlebotomist may not have been fully trained to run the analysis, or the samples were mixed up between the accused and other person. Blood samples not only have to be collected, but properly handled and stored to prevent contamination, mislabeling and fermentation. A criminal defense lawyer may use this as a defense for the accused, if the integrity of the sample and testing process was flawed.

Q: What if I have a medical condition?

A: In some cases, a person may have appeared drunk due to a medical condition. For example, an alcohol smell can emanate from a person with diabetes due to fermented glucose in the bloodstream. This scent is referred to as ketosis, and can cause a sober person diagnosed with diabetes to actually fail a breathalyzer test. An officer who does not believe this person has a medical condition, may commit an unfair arrest of an innocent person.

Q: What if my rights were not read to me during the arrest?

A: By law, if a person is under arrest, an officer must promptly read the suspect’s rights verbally, and that any statements hereafter may be used against him or her in court. If these rights were not issued, then incriminating statements, sobriety test observations and any other evidence may be thrown out. Those who meet with a DUI lawyer Fairfax, VA offers about a DUI arrest and were not read their Miranda rights, must inform their lawyer immediately.

Q: How do I know if the police had a real reason to pull me over?

A: An officer is not permitted to halt or pull over a citizen without “reasonable suspicion” that the driver is doing something wrong. An officer may have a gut feeling someone is up to no good, but they must have a more solidified reason besides that. When it comes to a DUI, the driver must have been speeding, sweving, disobeying traffic laws, or otherwise operating the vehicle unsafely for the officer to have reason to pull him or her over.

 


 

Thank you to our friends and contributors at Dave Albo – Attorney for their insight into DUI arrests.

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