A DUI arrest is not always a straightforward process. Police officers are expected to follow specific procedures, and deviations from these protocols can have significant legal ramifications. Could one of these errors invalidate your arrest and lead to a dismissal?
Understanding due process
The United States Constitution guarantees everyone the right to due process. This means the government must follow specific rules and procedures when enforcing the law. If police officers violate these rules during a DUI stop and arrest, there may be a violation of your rights.
In Florida, law enforcement must have a valid reason to stop you. This is known as reasonable suspicion. An officer cannot pull you over just because they feel like it. They need specific, observable facts that suggest you are breaking the law.
For example, if an officer saw you swerving erratically or speeding, that could be reasonable suspicion. If the initial stop was illegal, any evidence obtained after the stop, such as breathalyzer results, might be inadmissible in court. This could weaken the prosecution’s case significantly.
Common police procedure errors
Many errors can occur during a DUI investigation. Here are some examples:
- Illegal stop: The officer lacked reasonable suspicion to stop your vehicle.
- Improper field sobriety tests: The officer did not administer the tests correctly or did not explain the instructions clearly.
- Miranda rights violation: The officer failed to read you your Miranda rights before questioning you after you were in custody.
- Problems with breathalyzer or blood tests: The testing equipment was not properly maintained, or the officer did not follow correct procedures.
- Lack of probable cause for arrest: The officer did not have enough evidence to arrest you for DUI.
These mistakes can form the basis of a strong defense.
When to seek legal help
If the police did not follow the proper procedures, a skilled attorney can file motions to suppress evidence. The judge may exclude illegally obtained evidence. This can significantly weaken the prosecution’s case and potentially lead to a dismissal or reduced charges.
It is essential to seek the advice of a qualified attorney during this critical period. An attorney can evaluate the facts of your case. They can also identify any errors made by law enforcement. They will work to protect your rights and explore all possible defenses.
