3 Common Mistakes Police Make During DUI Arrests

Your DUI was a mistake with serious consequences. Did you know that the police can also make mistakes during your arrest that could affect your case?

If you’ve been arrested for drunk driving in San Diego County, a conviction can only come when your offense is proven beyond a reasonable doubt. In addition to proving that you were in fact impaired, the prosecutors need to also prove that law enforcement followed all of the rules during your arrest.

An experienced DUI defense attorney knows that police misconduct is one area that must be explored when preparing your defense. By finding that your arrest was not conducted in a legal manner, you can possibly get your charges reduced or dropped altogether. 

California DUIs have serious consequences. If you are suspected of driving under the influence in the San Diego area, you need to hire the best representation you can to unearth potential areas where the police made mistakes. Contact the Law Office of Joni Eisenstein today to schedule your free consultation and to learn how our attorney can help you navigate the San Diego legal system and get the best outcome in your DUI case. 

Schedule your free consultation today. Contact Criminal Defense Lawyer Joni Eisenstein.

3 Common Police Mistakes During a San Diego DUI Arrest 

A traffic stop without reasonable cause. 

The police cannot pull you over without any cause. Under the California law, the police officer must have “reasonable suspicion” that a crime took place or is taking place. The arresting officer must be able to state a particular reason for the traffic stop, such as a red light violation, blowing through a stop sign or other specific violation. If the officer did not communicate to you the specific reasons for pulling you over or there was evidence to suggest that the reason they stated was invalid, this could be a mistake that should be addressed in your defense.  

Errors while conducting field sobriety tests.

One of the most common areas where arresting officers make mistakes is in conducting field sobriety tests. While these tests are optional, many people are not aware of this and take the tests without hesitation. Failing a field sobriety test can be used as evidence of impairment and seriously hurt your case. However, if you can demonstrate that the officer failed to perform the test according to the law, you may be able to have that evidence dismissed. Did the officer give you the correct directions prior to conducting the test? 

Errors while administering the breathalyzer test. 

Did you know that there are very specific steps that an arresting officer must take when administering a breathalyzer test? The officer is required to wait and observe you for a period of 15 minutes prior to the test. They must document when the observation started and what, if any, actions took place during that time that could impact the results of the test. 

In addition to the observation period, the officer must take steps to ensure that the device is properly calibrated and that you breathe into the device correctly to get the most accurate results. They must also be aware of external factors that could impact the results, such as smoking or fumes. 

Do you need legal representation for your San Diego DUI arrest? 

At the Law Office of Joni Eisenstein, we understand the strain that a DUI arrest can put on your life, both personally and professionally. As soon as you have been arrested for driving under the influence, secure the assistance of an experienced, reputable criminal defense attorney to guide you through your case. 

A skilled DUI defense attorney will know what to look for when it comes to identifying police mistakes that could result in your charges being reduced or dropped. Contact our office today at 760-721-3161 to speak with our reputable and competent attorney. With over 25 years of experience working in the San Diego courts, criminal defense attorney Joni Eisenstein can help you achieve the best outcome possible in your DUI case. 

If you are on the fence about hiring a defense attorney, stop thinking about it, and do it now

Hiring a criminal defense attorney like Joni Eisenstein can help you go from a place of uncertainty to freedom.

Leave a Comment