Common Police Mistakes in DUI Arrests
If a police officer made any of these mistakes with your DUI arrest, we may be able to keep that evidence out at trial:
- Stopping a vehicle because they got an anonymous call
If the officer does not see you drive in a dangerous way himself, then he needs the name and address of the witness who did see it before he has the authority to stop your vehicle. - Basing the arrest on your statements alone
It is not a crime to claim you were driving drunk. The state needs to be able to prove you were driving drunk and they cannot do that unless an officer or a credible witness saw you do it. - Pulling you over without probable cause
The officer needs a legitimate reason to pull you over. Seeing you drive too slowly or weave within your lane does not count as a legitimate reason. The officer has to see you violate some kind of traffic law. - Administering the wrong field sobriety tests or administering them incorrectly
The Massachusetts police training manual outlines specific standards for administering a field sobriety test. If the arresting officer had you walk an imaginary line or balance on one leg while standing on a slope, he violated those standards. Officers are also no longer permitted to administer the Horizontal Gaze Nystagmus Test anymore, but some of the older officers still do it anyway.