A DUI arrest must be performed correctly in order for the driver to face legal consequences. Proper procedures are essential to building a legal case against the accused. If any part of the arrest was illegally carried out, it may result in a charge being thrown out.
In order for a DUI arrest to be legal, there must first be “probable cause” to pull the driver over. There are many common mistakes drunk drivers make on the road. Swerving in and out of lanes, running stop signs or red lights, failure to use turn signals, or even a broken light will be considered just cause. However, in many cases, police officers will pull over vehicles for no reason. In order to meet quotas, law enforcement officials have been known to randomly pull over cars and administer sobriety tests to drivers who exhibited no signs of intoxication. These stops are illegal and could lead to a DUI charge being dismissed.
There is a proper arrest procedure for DUI cases. These arrests should be carried out with respect for the accused. An arrest with any unprovoked physical violence or verbal abuse is illegal. Proper procedure includes properly performing field sobriety tests. Officers may make assumptions about a driver’s blood alcohol content instead of properly observing the results of a field test. Breathalyzers must also be read correctly and adjusted from time to time. An arrest with an improperly calibrated device or a breathalyzer test that was incorrectly administered may be just cause for overturning a DUI charge.