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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

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