Common mistakes police make on a DUI stop that could get your case dismissed!

Here is a list of the most common police mistakes that can get your DUI reduced or dismissed. 

Photo by :bluesheepdog.com

#1. The police officer pulled you over for something that isn't a crime in Idaho. Before a police officer pulls you over he must first have "reasonable suspicion." Reasonable suspicion requires an officer to have specific and articulable facts to believe an offense has been committed. For instance, an officer may tell you that he pulled you over for speeding. Which would be a violation of the law and proper. But, other times an officer may pull you over because he believes you waited too long at a stoplight, this is not a good reason to pull you over because it could be considered normal driving behavior and not a crime. On a traffic stop its always a good idea to ask the officer why you got pulled over because he will have a body camera on and will need to articulate why he stopped you. It can be used later to contest the validity of the stop itself. 

#2. The police officer didn't have probable cause to administer the field sobriety or breath tests. The officer can stop a car on "reasonable suspicion" but then must develop probable cause. The most common things police officers note are "admitting to consuming alcohol," "slurred speech," "blood shot eyes" and "impaired memory" all of which can be disputed if you can show none of them occurred on the body camera. I would refuse to incriminate myself and not tell the officer if I had anything to drink that night. Why give him any reason to make you do the field testing? Additionally, speak clearly and effectively with the officer, tell the officer you didn't get much sleep or have naturally blood shot eyes, and keep an envelope with your liscense, registration, and proof of insurance in the glove box so that you wont look like you are fumbling around for it.   

Photo by: www.nhlbi.nih.gov

#3. If you have GERD or Acid reflux opt for a blood test rather than a breath test. Officers will push the breath test because they have been trained to do it. And, the Idaho State Police will tell you that the FC-20 breathalyzer is accurate and can be used on all suspects. However, this does not jive with the science and is arguably a very bad idea. Blood tests have been shown to be more accurate and actually beneficial to GERD or Acid Reflux suspects because the FC-20 does not have a "slope detector" which could be used to filter out possible mouth alcohol contaminates. For most I would recommend the breath test but not for these folks. In short, if you have GERD or Acid Reflux get opt for the blood test. The officers may look at you weird or want you to do the breath test, but again, its not helpful to you. Get the blood test, you could actually be under the limit, but then blow over because of the breath test. 

#4. The officer fails to watch you for 15 minutes before giving the breath test. In order for officers to have a good sample, they must observe you for 15 minutes prior to giving a breath test. Officers must be able to see and hear you. The reason is they dont want you introducing any mouth alcohol in the forms of burps, belches, or vomit into your mouth durring this time, because it could contaminate the sample. The officer makes a mistake when he tends to other duties durring the 15 minute waiting period, such as putting out traffic cones, putting things in the trunk, or talking with other officers with the door shut durring the deprivation period. That can get your DUI case thrown out because the officer failed to observe you before for the required 15 minute period. 

Photo by: ABC news

#5. The officer arrested you without probable cause. In Idaho, it is illegal for an officer to arrest you without probable cause. In order to establish probable cause, the officer must observe the DUI in their presence or obtain an arrest warrant from a judge. A DUI is commonly a misdemeanor offense. So, on this theory, if the officers arrest you without a warrant from a judge its commonly a Clarke violation or in other words an arrest without probable cause. This can greatly help your case or get it reduced. Its a mistake that I commonly see officers try and get around, which ends up biting them in the long run.  

If you are thinking you need to speak with a lawyer about your case, Travis Rice, at Travis Rice Attorney at Law, PLLC is here to help. You can get a free consultation by visiting our website click here or by contacting us at 208-230-9983.