While law enforcement officials typically follow strict standards when making an arrest, they can still make mistakes, particularly when considering the sheer number of arrests made in New Hampshire annually (per the ACLU of New Hampshire, the police made just under 10,000 arrests for Group B crimes in 2021, which includes DUI). Recognizing when the police make mistakes during a DUI arrest can be invaluable to motorists later charged with driving under the influence (DUI), as they can use these errors to dispute the charges. Explore the top five DUI arrest mistakes made by the police, and discover how a DUI lawyer in NH from Friedman & Bresaw, PLLC might be of assistance; contact our firm at (603) 707-4800 to see how an experienced New Hampshire criminal defense attorney can fight for your rights.
What Happens During a DUI Arrest?
The DUI arrest process starts with a police officer pulling over a driver for violating traffic laws or if they suspect them of driving while impaired, such as if they believe the motorist’s driving patterns are unusual. The stop may lead to an arrest or additional testing for intoxication (such as conducting Breathalyzer and field sobriety tests) if they can smell alcohol or if the driver is visibly displaying impairment signs. If the results of these tests suggest the motorist is operating a motor vehicle under the influence of alcohol or drugs, the law enforcement official usually arrests the driver for a suspected DUI offense.
Importantly, drivers may wish to assert their rights during this process, including their right to refuse to submit to field sobriety tests, which can lead to an arrest in itself but prevent motorists from unnecessarily incriminating themselves, as well as their right to contact an attorney. The Constitution of the United States grants citizens, including motorists, legal rights, and if an officer violates these during a DUI arrest, the driver could have a valid legal defense.
How Do Police Mistakes During DUI Arrests Impact Drivers?
DUI arrest errors can profoundly impact the outcome of a DUI case and the driver’s life. However, uncovering these mistakes may result in the ability to suppress evidence, get the charges dismissed, or obtain an agreeable plea bargain, ultimately completely changing the end result of the case, possibly from a conviction to an unblemished record. If a person receives a DUI conviction based on uncovered police errors, this can have lasting consequences, impacting their driving privileges, immigration status, and future job opportunities; unfortunately, even after the discovery of police mistakes during a DUI arrest, the motorist may still experience the social stigma associated with receiving a criminal charge and relive the trauma linked to the arrest.
What Are the Top DUI Arrest Mistakes?
Mistakes from police officers may occur during any point of the arrest process, stemming from inadequate training, not following procedures, misinterpreting test results, or incorrectly utilizing test equipment. The top five DUI arrest mistakes made by police officers include the following.
Insufficient Reasonable Suspicion
In order to legally stop a motorist, including for a suspected DUI offense, law enforcement must reasonably suspect the driver of an offense. This means the police must be able to observe signs, such as excessive speed or erratic driving behavior (for example, swerving, illegal turns, or unpredictable braking), indicating the motorist has committed or is about to commit a traffic violation or crime; having a hunch that someone has engaged in criminal conduct due to the time of day or location, for instance, would not suffice. Worth noting is that the police would likely have sufficient reasonable suspicion if they pull over a motorist for a minor infraction, like a malfunctioning taillight, and then see the signs of DUI.
Incorrect Conducting of Field Sobriety Tests
Frequently utilized in DUI stops, the accuracy of field sobriety tests (like requesting the motorist to stand on one leg or walk along a straight line) largely depends on certain conditions, such as weather conditions (like the presence of rain, making the road slippery), whether the surface of the road is flat, and even what shoes the motorist is wearing. Improperly conducted field sobriety tests can be unreliable evidence, and while it could still be admissible, this can severely weaken a DUI case against a driver. Furthermore, a person’s weight and age may have a bearing on a person’s coordination and balance, potentially affecting the validity of the tests’ results.
Learn more about the common DUI arrest mistakes made by law enforcement, and find out how Friedman & Bresaw, PLLC may aid motorists who believe the police did not comply with all the necessary protocols during their arrest. Contact our firm today to discuss your legal queries with a DUI lawyer in NH.
Unauthorized Vehicle Searches
A notable right enshrined in the Constitution safeguards people from unauthorized searches and seizures, which includes the arbitrary searching of motor vehicles during DUI stops. To legally search a vehicle, law enforcement requires probable cause (evidence of or a valid reason to suspect involvement in criminal activity or concealing an illegal item in the vehicle) or a warrant. If an officer can smell alcohol and see open containers of alcohol, they could legally search the motor vehicle without a search warrant, but only smelling alcohol is unlikely to justify a vehicle search unless the motorist also admits to having it in the vehicle.
In terms of illegal substances, the police may employ the use of sniffer dogs, but only if they have probable cause; otherwise, any evidence found might be inadmissible. Additionally, the police may arrange to tow a driver’s vehicle if they arrest them for a DUI offense and conduct an inventory search of the vehicle. Before doing so, however, an officer must give the driver the opportunity to make arrangements regarding the vehicle, and if law enforcement fails to do this, it could be possible to suppress the evidence obtained during such a search.
Intimidation and Coercion Tactics
Intimidation and coercion tactics utilized by the police during DUI arrests, such as immediate arrest threats for refusing field sobriety tests or pressuring motorists to perform actions that an individual can legally refuse, can possibly impact a case’s validity. For example, motorists may choose not to answer potentially incriminating questions, and if an officer insists this can lead to more severe penalties, this may constitute coercion. Motorists may wish to take note of the language employed by law enforcement during an arrest, as well as obtain police officer body camera footage of the incident, if they believe the officer used intimidation, threats, or undue pressure to try to secure a conviction against them.
Improper Breathalyzer Test Administration
Breathalyzer tests determine the blood alcohol content in a person’s breath, which can be vital evidence but is also prone to numerous errors. For these devices to produce accurate readings, proper calibration and administration is necessary. If the police misuse the device or handle it incorrectly, this can lead to mistakes, and law enforcement must choose an appropriate time to administer the test, as factors such as a motorist recently belching or vomiting can impact the results.
What Is the Best Defense Against a DUI?
One of the most effective defenses against a DUI charge involves filing a motion with the court to exclude incriminating evidence, which, in an ideal scenario, may result in the judge dismissing the charges. For instance, this may entail challenging the results of Breathalyzer and field sobriety tests if the police did not follow the correct procedures when carrying out these tests.
What Is the Best Possible Outcome for DUI?
For drivers charged with DUI, the ideal outcome is for the state to drop the charges or for the court to dismiss or acquit the motorist. This may happen due to inadmissible or insufficient evidence, which can take place at any point during the legal process, although usually soon after an arrest. In the event that conviction seems likely, another positive outcome involves securing a favorable plea bargain, which may involve obtaining alternative sentencing to traditional penalties.
Contact a Knowledgeable and Dedicated DUI Lawyer in NH To Learn More
A DUI stop can be a stressful encounter, leading to motorists feeling uncertain with regard to their future and freedom. That said, law enforcement officials must follow specific procedures and protocols during these stops, and if they deviate from them, this can affect an arrest’s validity, as well as a case’s outcome. To understand more about DUI arrest mistakes, including whether you experienced any rights violations during an arrest, consider contacting a DUI lawyer in NH; call Friedman & Bresaw, PLLC today at (603) 707-4800 to discuss all driving charge concerns with a seasoned New Hampshire criminal law attorney.
