6 Police Mistakes That May Help Dismiss DUI Charges

Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
October 20, 2024
alcohol intoxication

Driving under the influence (DUI) charges can lead to significant consequences, including hefty fines, license suspension, and potential jail time. Dealing with the legal landscape surrounding a DUI can seem complex, especially when facing the complexities of the criminal justice system. 

Not every DUI charge is straightforward. Police procedures may not have been followed correctly, leading to possible grounds for dismissal of your charges. Rubin, Glickman, Steinberg & Gifford, P.C. understands that each case is unique, and even the slightest mistake by law enforcement can impact the outcome.

Mistakes Police Make That Can Help Dismiss a DUI Charge

When facing DUI charges, it’s important to understand that mistakes made by the police can significantly impact the outcome of your case. Below are some common errors that law enforcement officers might make, which could potentially lead to the dismissal of a DUI charge.

Stopping You Without Probable Cause

Probable cause is a key aspect of DUI law. Law enforcement officers must have a valid reason to stop you. Without it, DUI charges may be dismissed. For example, if the police stop you based solely on a hunch or vague suspicion, this could be considered an unlawful stop. Such police errors may undermine the legitimacy of the evidence collected during the traffic stop and play a pivotal role in your DUI defense.

If the police cannot demonstrate a legitimate reason for the stop, any evidence gathered during that encounter may become inadmissible in court. This includes field sobriety tests and breathalyzer results, which could weaken the prosecution’s case against you. A DUI defense lawyer can identify these errors by examining the circumstances surrounding your stop to ensure that your rights were not violated.

Improper Administration of Field Sobriety Tests

Police often use field sobriety tests to assess whether someone is driving under the influence. However, improper administration of these tests can lead to legal challenges. For example, if the police officer fails to follow established protocols when conducting these tests, the results may not be reliable. Factors such as an individual’s physical condition or environmental conditions can affect performance on these tests, which police must consider. When field sobriety tests are not administered correctly, this can lead to errors that may support the dismissal of DUI charges. 

Not Reading You Your Miranda Rights

A failure to read Miranda rights at the time of arrest can affect the outcome of a DUI case. Individuals arrested for DUI must be informed of their rights to remain silent and to have legal representation. If the police neglect this responsibility, any statements made after the arrest may be inadmissible in court. This aspect plays an important role in your DUI defense.

Improper Handling of Evidence

The integrity of evidence is vital in any DUI case. Mishandling evidence can significantly impact the prosecution’s ability to prove its case. For instance, if a breathalyzer is not calibrated correctly or if the evidence is mishandled, the results can be challenged in court. These mistakes may raise a reasonable doubt about the validity of the evidence against you.

Issues With Breathalyzer and Other Chemical Tests

Breathalyzer and chemical tests are key components in determining whether someone is under the influence of alcohol or drugs. However, issues with these tests can arise, such as improper calibration or the failure to follow necessary procedures. If the breathalyzer is not functioning correctly, the results may be inaccurate, leading to wrongful DUI charges. These common errors can be effectively challenged in court, potentially resulting in the dismissal of charges against you.

Unlawful Traffic Stops

Unlawful traffic stops play an important role in DUI cases. Police must have a reasonable suspicion to pull you over; otherwise, any evidence collected during that stop may be deemed inadmissible. If you were stopped without just cause, it could lead to the dismissal of DUI charges, as the prosecution may struggle to establish a legitimate basis for the stop. A strong understanding of DUI laws plays an important role in your defense.

Contact a Pennsylvania DUI Defense Lawyer

This does not aim to diminish the seriousness of DUI offenses. Driving under the influence poses significant risks to yourself and others on the road. However, recognizing the potential flaws in the legal process is important when your rights are at stake.

Law enforcement officers, being human, can make errors. From improperly administering breathalyzer tests to failing to follow protocol during traffic stops, these mistakes can compromise the integrity of the evidence collected against you. If you suspect that the police mishandled your case, consult skilled legal professionals who can evaluate your situation. Call Rubin, Glickman, Steinberg & Gifford, P.C. at (215) 822-7575 or use our contact form to schedule a consultation. 


Legally reviewed by:
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
October 20, 2024
Established in 1952 by Irwin S. Rubin, Rubin, Glickman, Steinberg & Gifford P.C. boasts over 65 years of experience serving clients throughout Pennsylvania. Renowned for its commitment to ethical representation, the firm has garnered prestigious accolades, including being named the "Best Law Firm" for its outstanding legal defense work by U.S. News & World Report. Their team of seasoned attorneys, recognized as Pennsylvania Super Lawyers and Rising Stars, brings unparalleled expertise to a wide range of legal matters, ensuring exceptional representation for individuals, families, businesses, and organizations.