If you were arrested for drunk driving, you might be surprised to learn how often police mistakes lead to dropped charges. From traffic stops to field sobriety tests, small errors can create big openings for a strong DUI defense. Whether it is a paperwork issue or something more serious, those mistakes can make all the difference in how your case turns out.
Indicators That a Police Mistake Might Have Occurred
Police officers are required to follow specific procedures during every DUI stop, but mistakes do happen. When something feels off or the timeline seems inconsistent, it could be a sign that something important was missed. These small red flags often point to bigger problems that can be challenged with help from an experienced defense team, including:
- Missing or unavailable dash cam or body cam footage
- Conflicting details in police reports
- Delays in chemical testing or unclear test documentation
- Failure to advise of implied consent rights
- Incomplete or missing probable cause details
- Officers not trained in proper roadside testing procedures
- Test results not recorded in the required timeframe under 47 O.S. § 11-902(A)(1)
When these kinds of problems show up in a case, your lawyer may be able to file a motion to suppress or even ask the court to dismiss the charges. Evidence collected outside of required protocols can lose credibility fast, especially if it involves chemical testing and DUI. If those rules were not followed, that could be the key to challenging the state’s case against you.
Common Police Errors That Undermine DUI Prosecutions
Not every DUI case is built on solid ground. When officers rush the process or skip important steps, it can weaken everything from the initial stop to the final report. It should come as no surprise that breath and field sobriety tests are often at the center of these issues, especially when they are not administered the right way or used without context.
Flawed Sobriety Testing and Officer Assumptions
Field sobriety tests are only as reliable as the person giving them. If the officer does not give clear instructions or performs the test in poor conditions, the results may not be valid. Wind, traffic, uneven ground, or health issues can all affect your ability to complete these tests, even if you are sober.
Breath tests have their own challenges. Timing, calibration, and the officer’s training all affect whether the result is trustworthy. If the machine was not maintained or the test was not given correctly, that number can be called into question. Courts look at how the test was scored, how long after the stop it was performed, and whether the officer followed every required step.
Arrests Made Without Probable Cause or Due Process
Some DUI arrests happen before the officer has enough to justify taking someone into custody. If you were pulled over without a clear reason or arrested without enough evidence, your lawyer may be able to challenge the entire stop. Officers must have probable cause to move forward. If they skip that requirement, it opens the door to a dismissal.
Dashcam and body cam footage often tell a more complete story. If the video shows that you were cooperative or that the stop was based on weak reasoning, that evidence can be used in your favor. Witness statements or other records can also reveal when an officer overstepped or rushed through the process. These types of mistakes can carry a lot of weight when the court decides whether your rights were respected.