Oklahoma's Oldest DUI Defense Firm

Attorneys Stephen G. Fabian Jr. and Brian P. Young

What are the most common DUI mistakes made by police?

On Behalf of | Mar 23, 2022 | DUI - Drunk Driving |

Being arrested for DUI in Oklahoma can be shocking. You might know you’re innocent, but the police have taken you into custody. However, you should know about some mistakes police often make.

No reasonable suspicion to make a traffic stop

Police officers must have reasonable suspicion that a crime has been, or is in the process of being, committed to stop a driver. For example, if a person runs a red light or has a broken taillight, it’s a legitimate reason to make them pull over. They can’t just look at someone and think they’re under the influence and do it.

Not properly administering field sobriety tests

Field sobriety tests are tools used by police to determine whether a person might be under the influence of alcohol or drugs while driving. These tests have specific rules and must be properly carried out. If an officer doesn’t conduct the test correctly or fails to inform you about what’s expected, it can lead to failing the test. Some aspects such as age, weight and physical fitness can also cause a person to fail a field sobriety test.

Not properly administering Breathalyzers

Police often require a person to take a Breathalyzer test after an arrest. You cannot refuse, but if the police officer doesn’t conduct the test properly, the results could be inaccurate. Breathalyzers must also be properly calibrated.

No probable cause

Police are required to have probable cause to arrest someone for DUI or any other reason. In other words, there must be sufficient evidence that someone has driving while impaired to make an arrest. If there is no probable cause, the case can be thrown out in court.

If you were arrested for a DUI and police made any of these mistakes, you have a right to fight back. Your future and freedom might depend on it.