3 common mistakes police can make when arresting you for OUI

On Behalf of | Nov 25, 2019 | OUI |

An OUI can have major consequences on your life. You can lose your license, pay stiff fines and even possibly spend time in jail. And an OUI on your record can affect your ability to get a job or secure housing. But when police arrest you, you may be able to have your case dismissed due to police errors.

Police can make many mistakes when arresting you for an OUI. And when they make mistakes, you can challenge your arrest in court. Here are a few mistakes police can make when arresting you:

  • Not having a reason to pull you over – When police pull you over, they must have a good reason. If they don’t, your attorney can ask the court to throw out any evidence gathered at the traffic stop. Police cannot pull you over on suspicion of drunk driving if you are driving perfectly and have no mechanical issues with your car.
  • Improper administration of field sobriety tests – Field sobriety tests give police probable cause to arrest you for drunk driving. But if they don’t administer the tests in proper conditions, your attorney can challenge them in court, possibly leading to a dismissal of charges.
  • Improper administration of chemical tests – Once police arrest you, they will ask you to take a chemical test that measures your blood alcohol concentration. But these tests are also subject to error. Breathalyzers can malfunction. The person testing your blood may not have proper training. If you or your attorney can prove an error in the chemical tests, a judge may dismiss charges.

You may make a one-time mistake by driving after drinking too much. But the consequences of an OUI can follow you for a long time. Challenging the mistakes that police make can make sure you don’t have to have an OUI charge hanging over you for the rest of your life.