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The Most Common Mistakes Made by Law Enforcement Officers in DUI Arrests

In Kansas, you may face DUI – Driving Under the Influence – charges if you have a blood alcohol concentration of .08 or higher or driving while a Schedule I substance or other impairing substance in your system.  A DUI is something that is dangerous for everyone involved. Because this is such a serious charge and since it can result in serious consequences that impact your life in many ways, it is crucial to know your rights if an officer arrests you.

If an officer arrests you and you are charged with DUI, you are entitled to proper criminal procedures. Remember, law enforcement officers are human, and they can make mistakes. If the arresting offer makes a mistake during the arrest process, it can be used to reduce the charges or cause the case to be dismissed. Some of the most common mistakes made by officers during DUI arrests are found here.

No Probable Cause

To make a traffic stop, officers must have probable cause. This means the officer must reasonably suspect a driver has committed a traffic offense. If no probable cause exists, an officer is not legally allowed to pull over a vehicle. It is not possible for an officer to act on suspicion alone.

Errors with a Field Sobriety Test (FST)

Usually, FST failure will establish probable cause. However, sometimes, officers get in a hurry and fail to properly administer or assess a field sobriety test. It is essential that an officer follows the standardized instructions when using the three-test battery.

This includes:

  1. One-legged stand
  2. Walk and turn
  3. Horizontal gaze nystagmus

They must account for the road conditions, health conditions, along with weather conditions when administering the tests and evaluating a person’s performance. They must also detail the results of the test in their arrest report.

Failure to Provide Miranda Warnings

Your Miranda rights are the rights of everyone who is arrested has. This includes the right to remain silent, to seek counsel, to know any words said can be used against you, and more. It is required that an arresting officer read you these rights at the time of your arrest. If they fail to do this, all statements made may be considered inadmissible as evidence when your case goes to court.

Police Misconduct

Confrontations between a defendant or onlookers and the police officers are often what are seen in the headlines. If you resist arrest, officers may have to use force. However, it is illegal for them to use too much physical force if you cooperate or are not threatening. While this is true, officers can never resort to the use of verbal force, which includes acting unprofessionally or calling you names. If there is evidence of misconduct, your DUI lawyer can use this to help your case.

Hire a Lawyer for Your DUI Case

While mistakes made by police officers can be beneficial for your DUI case, it is best to hire a qualified attorney to help you prove what happened. This will ensure you have the best chance of reduced charges or having your case dismissed. Contact Kitchin Law Firm today.


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