Police officers are human too; they make mistakes just like everyone else in Georgia. If you have been arrested for DUI, it is important to understand some of the mistakes that the police can make because it could lead to your case getting dismissed.
Stopping you without probable cause
The police must have a reason to stop you before they can arrest you for DUI. This could be something like speeding or weaving in and out of lanes. If the officer did not have a valid reason to stop you, then a criminal defense attorney may be able to get the DUI charges against you dismissed.
Asking you to perform field sobriety tests
The police may ask you to perform field sobriety tests, such as walking in a straight line or standing on one leg. However, you are not required to do these tests. You can refuse to do them, and the police cannot force you to do them. If they force you to do them and you fail, that can be used against you in court.
Not reading you your Miranda rights
The police are typically required to read you your Miranda rights before questioning you, meaning they inform you of your right not to say anything incriminating against yourself and to have a lawyer present. If they do not read your rights, any statements that you make might get thrown out of court.
Failing to prove that you were driving drunk
In order to convict you of DUI, the police must prove that you were actually driving drunk. If they can’t do that, then you should not get convicted of DUI. Remember that there are a number of ways to challenge the evidence against you, such as challenging the accuracy of the breathalyzer test.
A DUI conviction can have serious penalties. The good news is that by understanding what mistakes police can make during the arrest, you can increase your chances of getting the charges against you dismissed.