Police Make Mistakes on DUI and OWI Cases
With an experienced OWI/DUI defense lawyer, simple mistakes made by a police officer can be exposed and used to get charges dismissed or reduced.
Police Make Mistakes During DUI and Drunk Driving Arrests
Police Officers frequently make mistakes when they investigate and arrest a driver for OWI or Operating While Intoxicated in Michigan. An experienced Michigan drunk driving attorney is most likely to discover police errors during DUI and drunk driving arrests that may result in a dismissal or an acquittal in a DUI case. Many of these mistakes include, but are not limited to the following:
- Assuming that “witnessed” driving behavior (i.e., weaving, cell phone use, distraction) is related to alcohol consumption.
- Observing driver behavior from a distance and attributing the behavior to the driver and not to the road conditions (i.e., swerving to avoid potholes or animals in the roadway)
- Assuming that the odor of alcohol means a person consumed alcohol and is intoxicated, when in fact the odor may be due to other causes (i.e., mouthwash, denture solutions, an alcoholic drink that spilled on the driver’s clothes, etc.)
- Failing to investigate a driver’s medical issues might result in a mistaken belief that a sober driver is intoxicated because a symptom of their medical condition could seem like a sign of intoxication (such as diabetes, knee/ankle/leg/foot problems, inner ear disturbance, sleep apnea, a cognitive deficit, etc.).
- Requesting all people submit to Standard Field Sobriety Tests (SFST), regardless of whether they are physically unable to pass the exercises even while totally sober.
- Failing to eliminate distractions and obstacles during the SFST invalidates the test (i.e., loose gravel, unlevel surfaces, wind blowing, darkness, strobe lights, moving traffic, etc.)
- Failing to properly instruct the driver during the instructional phase of the SFST’s.
- Failing to properly instruct the driver during the administration of the SFST’s.
- Failing to properly follow the sequence of the SFST as described in the National Highway Traffic Safety Administration (NHTSA) Manual.
- Administering invalid field sobriety “tests,” which are not supported by research studies.
- Failing to properly administer the Portable Breath Test (PBT), causing a false-positive result (i.e., not following the law and waiting 15 minutes before administering the test) to support a probable cause for arrest. (Note: PBT results are generally not admissible in Michigan courts unless offered by the Defense).
- Not having the Datamaster breath test after 2 hours of cessation of the vehicle operation.
The above list of police officer mistakes is only a partial list of mistakes made by officers. It applies to Michigan DUI / DWI arrests. If any of the above mistakes exist in a Driving Under the Influence matter, then a good defense may exist to the DUI / DWI charges.
Drunk Driving Defense Attorney Who Find Mistakes in DUI and Drunk Driving Arrests and turn them into Dismissals
Don’t trust your Michigan OWI case to an amateur or a general practice lawyer. Please take advantage of our years of experience, trial work, and legal expertise with OWI laws. Our OWI/DUI Defense Team has decades of experience and an unparalleled track record of success. If you call us, we will take the time to talk with you, answer all of your questions, and address each of your concerns. If you’ve been arrested for DUI, OWI, or drunk driving, we can help you. Our highest priority is to seek a dismissal of all charges when possible. If we cannot get the charges dismissed, we will stop and nothing to help you avoid jail and get the most favorable deal from the prosecution.
Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.