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DUI: Common Mistakes Police Make

While we consider law enforcement the ultimate authority, police can make mistakes. For this reason, it is essential to keep in mind the following common mistakes police make when stopping people over or arresting people for a suspected DUI:

  1. When an officer stops and arrests you for a DUI, he is obligated to write an accurate and truthful report, including why you were stopped and any other information pertinent to the investigation. You may have a basis for a dismissal if the information recorded is inaccurate or if they fail to remember what happened.
  2. Texas implied consent laws require police to disclose to you, after they pull you over but before testing you for alcohol or any other illegal substance, that you must consent to the testing. You have a choice as to whether you submit to testing. Remember that you will face legal consequences if you disagree.
  3. Police must have a legal basis for stopping you. A police officer cannot pull you over unless they reasonably suspect you have committed a traffic violation. This is a constitutional right that you have and a legal standard that law enforcement must follow.
  4. For police to stop you or pull you over, they must have reasonable suspicion that you committed a crime, but to arrest you, the standard is higher. The officer must have probable cause to stop and take you into police custody.
  5. The value of breathalyzers and other sobriety tests can be disputed if the officer conducted the trial improperly. These tests can be subjective and sensitive to timing. As a result, these tests can easily be performed incorrectly, resulting in inaccurate information on your police report.
  6. If a police officer reasonably suspects you have committed a crime, they can pull you over, but they cannot detain you indefinitely. They must have probable cause to arrest you; if they don’t, they must release you.

People often feel helpless and guilty when pulled over for a DUI. However, in some cases, you may have a basis for dismissal of your case if law enforcement made a mistake.