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Common mistakes police make when they arrest people for DUI

On Behalf of | Jan 8, 2019 | Blog

Now that it is toward the end of 2018, it is more vital than ever for drivers to avoid consuming alcohol before getting behind the wheel. Starting in November and ending in December, Minnesota state police have increased their presence on state roadways to find motorists who drive drunk.

As soon as the police arrest someone for DUI, it is paramount for that person to start building a defense. In some cases, this may be easier than most realize. There are plenty of common mistakes even veteran police officers make, so it is critical to be aware of mistakes that could help your case.

Failing to state why the stop occurred

The police cannot pull drivers over for no reason. As soon as she or he talks to the driver, the officer needs to clearly articulate why the stop occurred. This can include the driver behaving erratically or violating a traffic law. Police officers cannot pull someone over based on a hunch.

Failing to give adequate instructions for field tests

Many times, when the police want to determine someone’s level of intoxication, officers conduct field tests. Officers need to clearly state what actions the person needs to take to prove his or her sobriety. In some instances, the cops do not adequately explain the exercise, and the person fails because he or she does not fully understand what to do. It is also possible the police conducted the tests in an unfair manner, such as wanting you to walk in a straight line on loose gravel.

Failing to tell the motorist about the state’s implied consent laws

Minnesota, similarly to many other states, has implied consent laws when it comes to DUIs. This means drivers inherently agree to chemical testing if police place them under arrest. Not all drivers will know this, so officers must tell them about how they have to submit to chemical testing at the police station or face consequences.


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