Police officers sometimes make mistakes in Georgia. If you were arrested for DUI, it is important to know what mistakes the police officer might have made during your arrest.
Arresting you without probable cause
The police officer must have probable cause to arrest you for DUI. This means that they must have evidence that you were driving while impaired. For instance, if a police officer notices that you have red eyes and slurred speech, they may arrest you for DUI. However, if you’re pulled over for a minor traffic violation and the officer smells alcohol on your breath, they do not have probable cause to arrest you for DUI without further testing.
Failing to read you your Miranda rights
The Miranda rights are a set of rights that are read to you when you’re arrested. These rights inform you of your right to remain silent and your right to an attorney. If the officer did not read you your Miranda rights, any evidence that was obtained after the arrest might be inadmissible in court.
Conducting tests improperly
The officer must conduct a breath test properly in order to get accurate results. If the officer did not follow the proper procedures, such as not calibrating the breathalyzer or not having you wait long enough, the results of the test could get thrown out.
Failing to prove that you were driving drunk
In order to convict you of DUI, the officer must be able to prove that you were actually driving drunk. For instance, if the officer did not see you driving or if they pulled you over for a traffic violation, they may not be able to prove that you were actually impaired while behind the wheel.
It’s important to remember that police officers make mistakes, and these are just a few of the ones that they can make when arresting someone for DUI. By knowing your rights, you may increase your chances of getting your case dismissed.