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Arrested for DWI? Potential Police Errors that May Help Your Case

Getting arrested for DUI (a.k.a. DWI: Driving While Intoxicated), can make even the strongest person feel helpless. Between fines and legal ramifications, just one DWI arrest can change your life forever.

But did you know that by examining the details of your arrest, there are ways a lawyer can help your case and clear your name? If you’ve experienced a DWI arrest, don’t lose hope.

Keep reading to learn about the most common DWI police report errors and how they can help you. You may be closer to justice than you think.

Let’s get started.

Wrongful Traffic Stop

When a police officer pulls you over, you have certain rights. And they can’t pull you over in the first place without probable cause. Here’s a list of a few of the reasons an officer could stop you:

  • Speeding
  • Suspicion of drug or alcohol use
  • Impeding traffic
  • Driving with your headlights turned off
  • Non-regulation window tints
  • Pulling an illegal U-turn
  • Expired license plates
  • Illegal damage to your vehicle
  • Tailgating
  • Using a cellphone
  • Swerving
  • Littering

If a police officer pulled you over without probable cause, they did not conform with appropriate DWI arrest procedures. This can help your case.

Errors in the Field Sobriety Test

Whether a police officer suspects you’ve been driving under the influence of medication, alcohol, or drugs, they may ask you to undergo a field sobriety test. This police DWI test is notoriously tricky.

During a field sobriety test, an officer may ask the motorist to walk in a straight line and turn around, balance on one leg, and follow a moving object with their eyes. These tasks show the officer if a driver has impaired coordination because of drugs or alcohol.

If a police officer incorrectly administers your field sobriety test, it may help you legally. If you’re feeling unsure, contact a professional law firm for advice.

Not Adhering to Breathalyzer Laws

In Texas, it is illegal to drive a vehicle with a blood alcohol concentration of .08 or greater. To see if you are over that limit, a police officer may administer a breathalyzer test after pulling you over.

But police breathalyzer tests must adhere to specific laws. If you received a test and the police officer didn’t follow the rules, it may help your case.

Incorrect Order of Operations for a Blood Test Sample

Police report samples are vital in DWI cases. And when it comes to blood tests, there is a specific chain of operations that officers and medical staff must follow.

Medical professionals have to take blood samples in a certain manner, label them properly, and store them securely to avoid contamination. If this order of operations is wrong in any way, it can turn your DWI case around.

Steps to Take After A DWI Arrest

Even if you get arrested, you still have your rights. Here’s what you should do so you can assert them.

Talk to an Attorney at Scott M. Brown and Associates Today

As you can see, DWI police arrest procedures are strict. If you experience a DWI arrest, don’t lose hope.

If you have proof of the DWI police report errors above, a lawyer can help your case. Whether you were wrongfully pulled over, your field sobriety test had errors, or your arresting officer incorrectly administered a breathalyzer test, one of the lawyers at Scott M. Brown and Associates can help get you closer to justice.

Not sure where to get started?

Call our Pearland location at (832)-956-1048 or our Angleton location at (979)-472-7012 today!  We’re here to help!

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