If the police make an error or mistake during an investigation into whether you were driving while impaired (DWI) by drugs or alcohol, it may give you some new opportunities for a defense.
It’s important to understand your responsibilities and rights in these situations and the responsibilities of the officers. Knowing the common mistakes that are made will help you know if your case has a chance of being dismissed.
No reasonable suspicion to pull you over
The police must have reasonable suspicion to pull you over while you are driving. This means they must have an objectively justifiable suspicion that you are engaged in some type of criminal activity when they pull you over.
Some valid reasons for an officer to pull you over include malfunctioning equipment on your vehicle, running a stop sign or stop light, speeding and similar violations. If there’s no reasonable suspicion for you to be stopped, all evidence from the stop could be barred from your trial.
Mistakes at a DWI checkpoint
It’s necessary for officers at DWI checkpoints to follow specific rules and guidelines. This includes not threatening you or being hostile.
If they request that you exit your vehicle and participate in a field sobriety test, they need to have the proper training to do this properly. If there is evidence the tests were not administered properly, then it may be possible to have your DWI charge reduced or dismissed.
Know your rights
If you are charged and convicted of DWI, it has serious consequences that can impact your life in many ways. Knowing your legal rights in these situations is imperative to avoid facing a charge that you shouldn’t. Police are human too, and mistakes happen. Knowing if a mistake was made during your arrest may help you explore additional defense options.