Just like anyone else, police officers in Kentucky are capable of making mistakes. If you have been arrested for DUI, it is important to understand these mistakes so that you can build a strong defense.
Failing to administer field sobriety tests properly
Field sobriety tests are designed to give officers a better idea of whether a driver is impaired. However, they are often administered incorrectly. This can lead to an arrest even if the driver is not actually impaired. For instance, the walk-and-turn test requires that officers give specific instructions and demonstrations. If they fail to do so, the results of the test may be inaccurate.
Failing to properly calibrate the breathalyzer
The machine that’s used to measure a driver’s blood alcohol content must be properly calibrated. If it is not, the results may be inaccurate. This could lead to a false positive or a false negative.
Making assumptions about impairment
Just because a driver is showing some signs of impairment does not mean that they are actually impaired. There are many other factors that could be causing these signs. For instance, a driver may get tired or anxious. This can lead to an arrest even if the driver is not actually impaired.
In this regard, the police may fail to investigate other factors that contributed to a driver’s impairment. For instance, the driver might have been taking medication or suffering from a medical condition. If the police fail to investigate these other factors, it could lead to an incorrect arrest.
Failing to score the results of the field sobriety tests properly
There are specific scoring criteria for the field sobriety tests. If the police officer does not score the results properly, it could lead to an incorrect arrest. A strong criminal defense should involve a review of these tests to look for any sign that the scoring got administered improperly.
If you have been arrested for DUI, it is important to understand the potential mistakes of the arresting officer. Finding evidence of a police error could help you build a strong defense against the charges.