Law enforcement officers are trained to do just that: enforce the law. And part of this involves keeping drunk drivers out of Colorado roads. However, while performing their duties, it is not uncommon for the police to make certain mistakes.
If you have been arrested for driving under influence (DUI), you may feel confused and overwhelmed. One of the questions you are likely to grapple with is how you will get out of the trouble you are in. Fortunately, there are police mistakes that you can look out for and use in your defense during your DUI trial. Here are some of them:
Checkpoint mistakes
It is not uncommon for law enforcement to fail to follow the law when setting up checkpoints. By law, the checkpoint must be mounted in a safe area. And, motorists must have sufficient knowledge that there is a police checkpoint right ahead. Common checkpoint mistakes include:
- Failure to make the checkpoint public in advance
- Biased procedure when stopping vehicles
- Unsafe traffic stops that pose danger to road users
If you believe the police checkpoint that resulted in your arrest does not meet the legal threshold, then you may have sufficient ground to challenge your DUI charge.
Lack of reasonable suspicion or probable cause for arrest
The law enforcement officer cannot just pull you over because they “think” you might be driving while drunk. Meaning, to stop you, they must have reasonable suspicion that you could be intoxicated behind the wheels or committing some other infraction such as reckless driving, speeding or changing lanes arbitrarily.
Additionally, the police must have probable cause to arrest you for drunk driving. For instance, the smell of alcohol, slurred speech or the presence of alcohol containers in the car can form probable cause for a DUI arrest.
If you are charged with DUI, it is important that you figure out how to defend yourself and have your charges reduced or dropped altogether.