Four Police Mistakes that Can Benefit Your Frisco DWI Case

 Posted on June 29, 2022 in DWI

Police officers have a substantial amount of authority in the United States. However, police authority is not unlimited. Officers must adhere to certain rules and procedures during arrests and investigations. When police make procedural errors or other mistakes, it can have a significant impact on the outcome of a case. If you were arrested for driving while intoxicated, it is important to understand how improper police actions can improve your chances of avoiding conviction.

Lack of Justification for Traffic Stop

Individuals in the United States have a right to a certain level of privacy. Police and other government officials cannot detain people without justification. To pull a driver over for a traffic stop, police must have a reasonable suspicion that the driver committed a traffic violation or other crime. If a DWI arrest follows a traffic stop for which there was no justification, the charges could be dismissed.

Lack of Probable Cause for DWI Arrest

Just as officers must have reasonable suspicion of a crime to pull someone over, officers must also have justification for a drunk driving arrest. Police must have probable cause to arrest someone. Failing a field sobriety test or roadside sobriety test, the smell of alcohol on someone’s breath, and slurred speech may all be examples of probable cause for a DWI arrest.

Breathalyzer Test Defects

Breath alcohol tests or breathalyzers must be used and maintained correctly to yield accurate results. If a breath test has not been properly cleaned, maintained, and calibrated, it will not work correctly. Police must also follow the correct procedure for administering the breath test.

Mistakes During Blood Tests

Blood tests are generally considered to be the most reliable form of blood alcohol content (BAC) testing. However, blood tests can be inaccurate if they are not conducted according to proper procedure. Only certain individuals are qualified to draw blood for chemical BAC tests. Blood samples must be mixed and stored correctly so the sample does not ferment. Police and other investigators must document the chain of custody of the blood sample.

Contact Our Frisco DWI Defense Attorneys

If you or a loved one were arrested for driving while intoxicated by alcohol or drugs, contact Law Offices of Biederman & Burleson P.L.L.C.. Our Collin County criminal defense attorneys have successfully represented hundreds of people accused of drunk driving. We have secured over 450 “not guilty” verdicts for our clients so far. Call us at 469-333-3333 for a free, confidential consultation.

Source:

https://www.txdot.gov/inside-txdot/division/traffic/safety/sober-safe/intoxication.html