Not all drivers understand how many policies and protocols police officers need to follow. Federal and state laws apply to any kind of traffic stop, and some additional requirements apply to DUI stops in particular. This means that there is a lot of room for error in arrest protocol, and many DUI cases actually are thrown out of court because of incorrect police activity or lack of adherence to important details.
Many incorrect arrest procedures relate to laws requiring law enforcement to have valid reasons to stop individuals for suspicion of driving under the influence of or while impaired by alcohol. What that means is that, in some cases, it may not be lawful for a law enforcement officer to randomly stop vehicles for suspicion of DUIs or other interventions unless specific parameters have been set up. This means that some “roadblock” or “checkpoint” type DUIs are defended on this basis. Although new laws do include some provision for checkpoints, this is still a grey area to some courts, and professional DUI lawyers understand how to use this kind of defense, as well as a jurisdiction issue, where a police officer or law enforcement figure may have acted against specific legal standards for initiating a traffic stop.
Other incorrect arrest issues include excessive force or deceptive or misleading statements by police officers. Some drivers are surprised to know that strict communication standards apply to DUI/DWI cases, some involving self-incrimination or similar issues. The bottom line is that if the arrest protocols were not followed in a DUI/DWI case, a seasoned DUI defense attorney can often use a range of applicable elements in a cogent defense that can result in DUI charges being dropped from local court systems.
After representing a wide range of clients in DUI/DWI cases, Andrew D. Alpert has an innate understanding of what kinds of police activity are liable to nullify a DUI case. Contact him today at 301-262-7005 or 866-952-1500 for a free consultation of your case.
Alpert Schreyer
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