Wichita Bail Bonds Blog

Police officers make mistakes in DUI cases more often than people realize. These errors can lead to dropped charges, reduced penalties, or even case dismissal. If you’re facing a DUI charge, identifying mistakes made during your traffic stop, arrest, or testing process may give your defense attorney something to work with. Not every mistake means the case will be thrown out, but some can seriously weaken the prosecution’s case.

Common DUI Mistakes Made by Police

There are several areas where errors frequently occur…

• No valid reason for the traffic stop – Cops must have reasonable suspicion to pull you over (like weaving, speeding, or a broken taillight). If they can’t justify the stop, everything after it may be thrown out.
• Improper field sobriety testing – Officers must follow strict procedures for tests like the walk-and-turn or one-leg stand. Misleading instructions or poor conditions (like gravel or rain) can make these tests unreliable.
• Failure to observe before a breath test – Most states require a 15-to-20-minute observation period before a breathalyzer test to make sure you haven’t eaten, vomited, or smoked, which can affect results.
• Faulty or uncalibrated equipment – Breathalyzers must be regularly calibrated and maintained. If a device is faulty or records show poor maintenance, results may not be admissible.
• Improper arrest procedure – Officers must read your Miranda rights before questioning you after arrest. If they don’t, anything you say may be excluded.

Other Issues That Can Help Your DUI Defense

• Incomplete police reports – Missing details or contradictions in reports can damage the officer’s credibility.
• Body-cam or dash-cam footage doesn’t match the report – If video shows you weren’t impaired or weren’t acting as the officer claimed, the case could fall apart.
• Wrong arresting jurisdiction – If the officer lacked authority in the area where the arrest happened, the stop may not be legal.
• Illegal search and seizure – Searching your vehicle without a warrant or probable cause can result in evidence being suppressed.

What a Good DUI Attorney Will Look For

A defense lawyer will investigate all parts of the arrest, including…

• Body camera footage and dispatch logs
• Equipment calibration and maintenance records
• Training records of the arresting officer
• Chain of custody on blood or urine samples

Mistakes by law enforcement in DUI cases are common, and sometimes serious enough to get evidence thrown out or cases dismissed. From an illegal stop to mishandled testing, each error presents a potential defense. If you’ve been charged with DUI, working with an experienced attorney is crucial. They’ll know how to identify flaws in the officer’s process and use those mistakes to protect your rights.