Utah DUI Police Errors
To make a driving under the influence (DUI) arrest in Utah, police officers must follow proper guidelines; however, sometimes mistakes are made. If you are currently facing drunk-driving charges, a DUI defense attorney can review the documentation and evidence in your case to uncover any police errors and use them to your benefit.
Common Errors in DUI Cases
A DUI arrest often requires a great deal of documentation, such as your citation, a police report, and a copy of your administrative license suspension paperwork. Because of this, it is easy for errors to be made. For example, the officer could charge you with violating the wrong criminal code or write down incorrect identifying information, such as your name and address.
It is also not unheard of for officers to use pre-written police reports in DUI cases. For example, the officer may continually use the same language on all of the police reports or there may be a pattern of suspects exhibiting identical signs of intoxication. Your defense attorney may request copies of the arresting officer's police reports within a specific time period to determine if he or she is recycling information. If this is the case, your attorney can use this error to help your defense.
Errors can also be made by the police when administering the field sobriety tests or breathalyzer. Because the correct procedures must be followed, an attorney can point out any actions that were inconsistent with official police training.
Deciding when to point out the errors in a DUI case can be tricky. If your attorney points it out before the trial, the judge may give the officer an opportunity to correct the mistake. However, if your attorney waits until the case in trial, this can help to establish reasonable doubt and potentially increase your chances of a successful resolution.
A Utah DUI Lawyer Can Help
We know that the official police report in a DUI case is not always accurate. For this reason, our attorneys can examine your case to uncover any potential police errors in an effort to prepare your defense.