A.J. Hodges, IV - Attorney at Law
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Common DUI mistakes among Louisiana police officers

On Behalf of | Jun 14, 2022 | Dwi/dui

When it comes to DUI cases, the police officer is often the most important witness. They are responsible for determining whether or not a driver is impaired, and they often have to make quick decisions in difficult situations. Unfortunately, this can lead to mistakes on the part of law enforcement. Some of these mistakes can lead to wrongful convictions, and they can have a serious impact on a person’s life.

Stopping you without probable cause

The police officer must have a reasonable suspicion that you are drunk before they can stop your vehicle. For instance, they may see you swerving in and out of your lane or speeding. If the officer does not have a valid reason for stopping you, then any evidence that they gather against you may be considered to be illegally obtained and may be admissible in court.

Not reading you your Miranda rights

If the police officer arrests you for DUI, they’re required to read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. The main purpose of Miranda rights is to protect you from self-incrimination. Similarly, if the police officer does not read you your Miranda rights, then anything that you say to them may be used against you in court.

Not conducting a field sobriety test properly

Field sobriety tests are usually used by police officers to determine whether or not a driver is intoxicated. There are three main types of DUI tests: the horizontal gaze nystagmus test, the walk-and-turn test, and the one-leg stand test. The first one looks for involuntary eye movement, the second one tests your ability to walk in a straight line, and the third one tests your balance. If the police officer does not conduct these tests properly, then they may not be able to accurately determine whether or not you’re intoxicated.

Not administering a breathalyzer test properly

Breathalyzer tests are typically used to measure the amount of alcohol in your system. If the police officer does not administer the test properly, then it may not be accurate.

There are many other mistakes that police officers can make when it comes to DUI cases. If you get charged with DUI, it is important to take your time to reflect on your case and consider all of your options. You may be able to have your charges reduced or even dismissed if the police officer made a mistake.