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Common Police Mistakes that Could Aid your DUI Case

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Updated July 1st, 2020

After being arrested for driving under the influence (DUI), you may believe that your fate is sealed. You start preparing for all the consequences of the conviction, including the loss of your license. You start calculating how you are going to pay for the fines. You may even start preparing for a possible jail sentence.

However, you may be panicking too quickly.

Many people do not realize that there are very strict procedures that must be followed during a DUI stop and subsequent arrest. If any part of this procedure is not followed, the arrest may be invalid.

Top Mistakes Police Make During or After a DUI

RankPolice Mistake During / After DUI
1No Reasonable Suspicion For A traffic Stop
2Misconduct at Sobriety Checkpoint
3Misconduct in Field Sobriety Tests
4No Probable Cause For DUI Arrest
5Misadministration of Your breath Test

Stats from Aizman Law Firm

That’s right, if the police make a mistake, your arrest is invalid.

common mistakes

If you are charged with a DUI, remember police do make mistakes.

Why You Need A DUI Defense Attorney

Many people decide to represent themselves when they are charged with a DUI. “People mistakenly think that nothing can be done to defend against a DWI charge,” according to information at www.njdmvdwi.com. An attorney, however, sees a DUI arrest very differently. They see it as an opportunity to help the defendant, carefully reviewing the facts of the case and determining if the arrest was even legal.

Upon reviewing your case, an attorney will look for evidence showing: 

• Test was given by someone that was not certified to provide the test.

• Chain-of-command was broken while handling the test results.

• Breathalyzer had not been calibrated according to schedule.

• Police report contains conflicting or missing data.

• Police failed to prepare the proper paperwork.

• Defendant was detained for too long.

Educating one another is your best chance at contesting a DUI. Image Credit by Ed Yourdon via Flickr Licensed under Creative Commons 2.0

Education and Experience Pay Off

There are also many other possibilities that an attorney will look for to determine if the arrest was valid. The experience the attorney has with the law, and the understanding they have about procedures will enable them to have a case dismissed if they find any irregularities in the process of the arrest.

A person representing themselves will not have that knowledge or access to the necessary information to provide this type of defense for themselves. Additionally, an attorney can use new case law that may have recently developed to your benefit. Even similar cases that occur in other areas of the country will give credence to your defense.

Giving Yourself the Best Odds

Of course, there is not any type of guarantee that an attorney will find a mistake in the arrest process. This does not mean that you will automatically be convicted. An experienced DUI defense attorney will have many other ways to mount a defense on your behalf. Medical conditions, road conditions, and even question-ability of the intentions of the police officer will all need to be evaluated and evidence presented to the Court before a final determination of the events can be made.

Unable to get out of a DUI? Your Car Insurance Rates are Raised!

It is important to note that your car insurance rate will increase anywhere from 30% to 90 plus percent for the next three years and sometime up to five years as illustrated by the table and graphs below.
Company*Without DUI**With DUI***
The Hartford$1,721$2,451
National Avg.$2,287$3,364
**Premium with Comprehensive and Collision
***Includes states which require SR-22 Insurance.

Before/After Graph Comparison

This Graph illustrates how much your insurance without a DUI then how much it goes up after a DUI with various insurance companies such as Allstate, GEICO, USAA, Farmers, State Farm.

Additional Articles & Aid When get a DUI

Below is a list of articles to help you with your DUI case and your increase in insurance rates if you have had any. Besides paying for an attorney the highest expense you will have is your rate hike by the insurance company which will last three to five years.

Helpful DUI / SR-22 Articles
Cheap Insurance w/ a DUI
Changing Auto Insurance to Save
What EVERY DUI Offender Should Know
Ignition Interlock Devices
Top DUI Auto Insurance Companies


Being convicted of a DUI is very serious. You will endure many financial and personal hardships. You may find that your job is affected as well as your personal life. It is not a good situation from any angle. This is why it is so important for you to have the best defense for these charges possible. And even though hiring an attorney cannot guarantee that the arrest will be overturned, it is your best chance.

Molly Pearce

Molly Pearce

Born with a passion for art, music, fun, fashion, the open road, blogging, and life lived to the fiercest! A great variety of educational, professional, and personal experience has gifted me an open mind, strong heart, and a wealth of stories to tell. Concerned with human rights and the state of the natural world. Thriving on the fresh, thoughtful, healthy, and hilarious.

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