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When a person is arrested for (Driving Under the Influence) DUI in Colorado Springs, they should not automatically assume they will be convicted. There are many situations where a mistake has been made by the police officer, and a person should not have been charged with DUI. When someone is charged, they should discuss the situation with a criminal defense lawyer. These attorneys will have the necessary knowledge and experience to uncover any mistakes made in a person’s case.
No Reason To Make Traffic Stop
It’s important for people to realize they don’t have to be stopped by a police officer on suspicion of DUI to be arrested for DUI. According to the law, a police officer can stop a vehicle if they have a reasonable suspicion the driver has committed a traffic violation or broken the law in some way. If it can be proven the police officer did not have reasonable suspicion to stop a driver, the evidence collected may not be admissible. The case against a person charged with DUI is always based on the evidence collected. If the evidence it deemed inadmissible, the DUI case may be dismissed.
Improper Field Sobriety Testing
All field sobriety testing must follow guidelines set forth by the National Highway Traffic Safety Administration (NHTSA). There are many situations when a police officer does not consider such things as weather conditions, medical situations as well as fatigue and more. When a police officer performs a field sobriety test that does not comply with the NHTSA guidelines, the test results may be proven unreliable.
Improper Administration Of Breath Test
If a person has been properly pulled over, the police officer can request the driver take a breath test. They will use a device designed to check a person’s blood alcohol concentration (BAC). The NHTSA guidelines require law enforcement officer observe a driver for a minimum of 20 minutes prior to requesting the driver take a breath test. This is done to make certain a driver does not get ill and more. If the police officer is distracted with another activity such as paperwork during this time, it may be proven the NHTSA guidelines were not properly followed. This could cause the breath test evidence to be suppressed.
There are some instances where a police officer will destroy their field notes. They will provide a list of allegations, but when asked to provided details, the officer is unable to remember specific things about the DUI arrest. A report typed a few house after the incident does not provide the necessary details. In such cases, it is possible the law enforcement officer did not display professional behavior. If a DUI suspect experiences derogatory comments from the officer during their traffic stop, this could bring into question the motivation for stopping the vehicle.