3 mistakes an officer may make during a DUI arrest

On Behalf of | Dec 7, 2020 | Criminal Defense |

In Nebraska, even a first-time DUI conviction may lead to steep consequences. In addition to spending seven to 60 days in jail, you may face a $500 fine and loss of your license for six months. You may also have to install an ignition interlock device and attend a mandatory alcohol treatment program at your own expense.

A DUI conviction may also lead to personal and professional consequences, including higher insurance rates, barriers to employment or educational opportunities or even loss of a professional license or certification.

With the stakes so high, it is important that police officers take each potential DUI charge very seriously. Unfortunately, law enforcement officials do not always perform their due diligence, potentially leading to a faulty charge that the court may ultimately dismiss.

1. Lack of reasonable suspicion

An officer must be able to point to a specific, reasonable cause for pulling you over in the first place. While even a minor traffic violation may qualify as reasonable cause, if the officer cannot show that he or she made the arrest lawfully, the judge may dismiss the DUI charge in court.

2. Faulty testing procedures or equipment

Alcohol breath tests are far from infallible. From poor equipment maintenance or faulty calibration to human error during the testing procedure, recent investigations have shown that an alarming number of drivers receive a DUI conviction due to inaccurate testing.

3. Inaccurate or incomplete report

Careful examination of an officer’s report of the incident may reveal inaccuracies, inconsistencies or even outright dishonesty. In some cases, an error may lead to dismissal of charges due to a technicality; in other cases, the error may point to negligence or incompetence on the part of the officer.