Police officers are human, and humans make mistakes. When law enforcement errors occur during DUI investigations, these missteps can create opportunities for your defense attorney to challenge the prosecution’s case and potentially secure a dismissal or reduction of charges. Understanding these common errors helps you recognize when your constitutional rights may have been violated during the arrest process.
The Wiseman Law Firm has extensive experience identifying and challenging police mistakes in DUI cases throughout Florida. As a former prosecutor who handled nearly 40 jury trials in Orange County, Attorney Simon Wiseman understands both sides of DUI cases and uses this insider knowledge to build strong defenses for clients facing drunk driving charges.
Improper Traffic Stops and Lack of Reasonable Suspicion
Law enforcement officers must have reasonable suspicion of criminal activity or a traffic violation to initiate a DUI stop. Officers cannot randomly pull drivers over or base stops on hunches or profiling. They need specific, articulable facts pointing to possible impairment or traffic violations.
Common mistakes in this area include stopping vehicles based solely on the time of night, location near bars or entertainment districts, or the driver’s appearance. Officers may also misinterpret normal driving behaviors as signs of impairment, such as driving slowly in poor weather conditions or making wide turns in large vehicles.
When officers lack proper justification for the initial stop, any evidence gathered afterward may be inadmissible in court. This includes field sobriety test results, breathalyzer readings, and statements made by the defendant. A successful challenge to the traffic stop can lead to case dismissal.
Field Sobriety Test Administration Errors
Field sobriety tests must follow standardized procedures established by the National Highway Traffic Safety Administration (NHTSA). Officers who deviate from these protocols or fail to account for medical conditions, physical limitations, or environmental factors may compromise test reliability.
The three standardized field sobriety tests are the horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand tests. Each has specific administration requirements and scoring criteria. Officers sometimes skip important instruction phases, fail to demonstrate tests properly, or conduct tests on uneven surfaces or in poor lighting conditions.
Medical conditions like inner ear problems, leg injuries, or neurological disorders can affect test performance regardless of sobriety level. Officers who fail to inquire about medical conditions or ignore obvious physical limitations may obtain unreliable results. Environmental factors such as weather conditions, traffic noise, or inadequate lighting can also impact test accuracy.
Chemical Test Violations and Equipment Issues
Breath and blood tests require strict adherence to protocols to ensure accurate results. Officers must observe defendants for specific periods before breath tests, properly calibrate equipment, and maintain the chain of custody for blood samples.
Breathalyzer machines need regular maintenance and calibration to function correctly. Officers must be properly trained and certified to operate testing equipment. Failure to follow observation periods, using expired calibration solutions, or operating malfunctioning equipment can invalidate test results.
Blood test errors include improper drawing techniques, contaminated samples, inadequate preservation methods, or breaks in the chain of custody. Medical personnel must follow specific procedures when collecting blood samples, and law enforcement must properly document and store samples to maintain their integrity for court proceedings.
Miranda Rights and Interrogation Mistakes
Police officers must inform suspects of their Miranda rights before conducting custodial interrogations. While Miranda warnings are not required for initial DUI investigations, they become necessary once officers place suspects under formal arrest and begin questioning.
Common Miranda violations include failing to provide warnings before questioning, continuing interrogation after suspects invoke their right to remain silent, or questioning suspects who request attorneys. Officers may also improperly use statements made during un-Mirandized questioning or before suspects clearly waived their rights.
The timing of Miranda warnings can be crucial in DUI cases. Suspects are considered in custody when reasonable persons would not feel free to leave. This determination depends on factors such as the number of officers present, whether suspects are handcuffed, and the overall atmosphere of the encounter.
Documentation and Report Writing Errors
Thorough and accurate documentation is essential for successful DUI prosecutions. Officers who fail to properly document observations, test procedures, or Miranda warnings may create reasonable doubt about their testimony.
Common documentation errors include inconsistent statements between reports and testimony, missing information about test administration, or contradictory observations about impairment signs. Officers may also fail to note environmental conditions, medical disclosures, or equipment malfunctions that could impact the reliability of evidence.
Video evidence from dashboard cameras or body cameras can sometimes contradict written reports, revealing discrepancies in officer observations or testimony. These inconsistencies can undermine prosecution cases and support defense arguments about evidence reliability.
Contact The Wiseman Law Firm for DUI Defense
Identifying and challenging police mistakes in DUI cases requires thorough knowledge of criminal procedure, constitutional law, and forensic science. These cases often involve complex legal and technical issues that can significantly impact case outcomes. Having experienced legal representation is crucial for protecting your rights and building the strongest possible defense.
Attorney Simon Wiseman brings more than 23 years of criminal defense experience, including an extensive background as a former prosecutor who handled nearly 40 jury trials in Orange County. He has successfully argued two cases before the Florida Supreme Court, winning both and creating new law in Florida. His insider knowledge of prosecution strategies and aggressive advocacy approach provides the comprehensive representation needed to challenge DUI charges effectively. Contact The Wiseman Law Firm today through our contact form to discuss your case and begin building your defense strategy.