In the wake of a drunk driving charge, you probably aren’t thinking about the processes the police officer followed, over even if the police officer complied with procedural rules and laws. Instead, you’re probably thinking “how will this DUI affect my life, and what does this mean for me going forward?”
That is perfectly understandable because a DUI is a major event in your life, and you need to deal with it accordingly. But those procedures and processes that the police officer performed during your DUI stop are very important — as is every step that the police and the prosecution takes during the investigation into your alleged drunk driving offense.
Administrative errors on the part of the police or the prosecution are some of the most common factors that the defense can use to have a charge thrown out or dismissed. For example, the police officer may have improperly administered a breath or blood test. The device itself may have been faulty or improperly calibrated to begin with. And then what about how they stored and held custody of your blood sample?
All of these things can be used by the defendant to challenge the case brought forth by the police and the prosecution. You could also make the claims that the stop was improper in the first place. This argument must be proven, and the way to do that is to establish that the police officer had no probable cause to target your vehicle and pull you over.
Source: FindLaw, “Defenses to Drunk Driving,” Accessed Sept. 10, 2015