New York police undergo extensive training to identify, test and arrest DWI suspects, but mistakes are still common. The United States Commission on Civil Rights explains that officers have a legal duty not to infringe on a suspect’s rights during any type of stop, and this includes the arrest of drunk drivers. Any mistake that they make can contaminate evidence, which may result in the dismissal of your charges.
If police arrest you for DWI, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a White Plains DWI lawyer who can investigate the charges against you. He is a member of the American Bar Association, New York State Bar Association, Westchester County Bar Association and New York State Law Guardian Association.
Call 914-772-8614 to schedule a consultation. Until then, read on to learn five mistakes that police often make during DWI arrests:
- Stopping a Suspect without Reasonable Suspicion
According to USAttorneys.com, police must have a valid reason to pull you over for drunk driving. They cannot stop you without reasonable suspicion that you have committed or are in the process of committing a crime. This may be as simple as driving at night without both headlights turned on.
If the officer stopped you without reasonable suspicion, your criminal attorney can file a motion to suppress any evidence collected after the stop. If successful, the court is likely to dismiss your charges.
- Improper Conduct at Checkpoints
According to the Governors Highway Safety Association, New York has laws in place that allow officers to conduct regular DWI checkpoints. However, they must comply with stringent regulations. There are rules for administering sobriety tests within people’s rights, and the court may dismiss the charges against you if the officer administered these tests incorrectly.
- Improper Administration of Field Sobriety Tests
The three standardized field sobriety tests are the walk and turn, horizontal gaze and one leg stand. Even if the officer administers these tests correctly, sober people can fail them. If the officer makes a mistake, such as providing the wrong instructions, the results may be inaccurate.
- Lack of Probable Cause for Arrests
Officers cannot arrest you for suspecting you of drunk driving. They must pull you over and then find probable cause to arrest you. This means subjecting you to breathalyzers and other sobriety tests to determine your intoxication level. If the officer did not have reason to arrest you, then any evidence collected after your arrest may be eligible for suppression.
- Breathalyzer Test Mistakes
In New York, the act of driving means that you automatically consent to a breathalyzer test. While this procedure is routine, inaccuracies still abound. Sober drivers can fail these tests if the device is not calibrated correctly. Certain products such as mouthwashes may affect the results.
If you face DWI charges in New York, contact Darren DeUrso, Attorney at Law. Mr. DeUrso is a criminal attorney in White Plains who can structure a comprehensive defense. The legal system can be unpredictable, but Mr. DeUrso can help you avoid mistakes that could compromise your interests. Call 914-772-8614 to schedule a consultation.