Being arrested on suspicion of drinking and driving is unquestionably a stressful experience. Seeing a squad car's emergency lights coming toward you can set off mild panic in almost anyone, even if you aren't the target of their pursuit. And if you are pulled over and a Florida law enforcement officer strolls to the door of your vehicle, even the most unflappable of us can suddenly get visibly anxious.
It's important to remember, however, that even if you are arrested and face DUI charges, it doesn't mean you are going to be convicted -- though it might be difficult to remember that under the circumstances. An experienced criminal defense attorney can go a long way toward identifying potential weak spots in the case against you and using those to your advantage.
Law enforcement officers should adhere to accepted protocol during a DUI arrest. If they do not properly complete their duty, your charges could be reduced or dismissed. Some mistakes police could make include:
- Not having probable cause to pull over your vehicle
- Conducting a field sobriety test that is improperly administered
- Using a breath test machine that is not calibrated properly or does not receive regular maintenance
It's important to note that there could be variations in how a particular officer performs these tasks, and that does not necessarily mean the charges won't stick as a result. However, examining these aspects of an arrest could open the door to uncovering other inconsistencies or reasons to push for a more favorable outcome to your DUI case.