In New York, police officers are often tasked with handling DUIs, and they sometimes make mistakes. It’s important to understand these mistakes so that you can defend yourself properly if you’re ever pulled over for suspicion of DUI.
Not following the correct procedure while conducting the test
Usually, the test will get conducted in three parts. The first part is the field sobriety test, which is a series of physical and mental exercises that the officer will ask you to perform. If you fail this test, you will likely be asked to submit to a chemical test, either a breathalyzer or a blood test. If the officer does not follow the correct procedure during any of these tests, it could be grounds for dismissal of your DUI charge.
Not having probable cause to stop you
In order for an officer to pull you over, they must have probable cause. This means that they must have a reasonable suspicion that you’re intoxicated. If the officer does not have probable cause and pulls you over anyway, your DUI charge could get dismissed.
Failing to document the stop
After an officer pulls you over, they should document the stop. This documentation should include the reason for the stop, what happened during the stop and any tests that were conducted. For instance, if the officer asks you to perform a field sobriety test, they should document how you performed on the test. If this documentation is not done properly, it could be used to show that the officer did not have probable cause or that they did not follow proper procedure.
Using faulty equipment
Breathalyzers and other testing equipment must be properly maintained and calibrated. If the officer uses a breathalyzer that is not properly calibrated, it could give an inaccurate reading. This could lead to a false DUI charge. You can know if the machine was properly calibrated by asking to see the calibration records.
If you are ever pulled over for DUI, it’s important to be aware of these common mistakes that police officers make. If you know your rights and what to look for, you may be able to get your charges dismissed.