Mississippi drivers stopped on suspicion of DUI may have reason to challenge the case. It is not uncommon for the officer behind the stop to have made a mistake or two during the roadside encounter. 

  1. Darin Vance, Attorney at Law, is happy to provide you with some insight into police procedural mishaps that may occur during a DUI stop. Understanding that police do make mistakes and what they are can help you spot them before you find yourself under arrest.

The stop is not valid 

An officer must give a reason for forcing you to pull off on the side of the road. The reason must coincide with a traffic law on the books. An officer can stop you because you ran a light, are driving erratically or you are speeding. He or she cannot stop you on the belief that you are under the influence. You must physically commit an infraction for the stop to stand as valid. 

Field sobriety tests mishandled 

The National Highway Traffic Safety Administration recognizes three types of field sobriety tests and sets out guidelines for how law enforcement administers them. These tests are: 

  • Horizontal nystagmus gaze 
  • Stand on one leg balance 
  • Walk a straight line and turn 

Officers do not always perform these tests properly, resulting in invalid results. 

Blood alcohol content 

If you take a breathalyzer in the field, the results alone may not stand up to court standards. The officer has to also elicit testimony indicating when what and how much you drank. Through conversation, the officer lays the groundwork to support the BAC. 

Police procedure aside, officers are human and make mistakes, as do you. Click this link to continue to our website for more information. 

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