It can be difficult to know what to do when you are pulled over on suspicion of a DUI in Virginia. However, it’s important to know that when it comes to DUI cases, the police officers who are responsible for arresting and charging individuals with drunk driving often make mistakes.
Stopping you without probable cause
Usually, an officer needs probable cause to stop a vehicle. Probable cause is defined as a reasonable belief that a crime has been, is being, or will get committed. This means that an officer must have some evidence that you are driving while intoxicated before they can pull you over.
If an officer does not have probable cause and stops you anyway, then a criminal defense lawyer can argue that anything that happened after that stop may not be admissible in court.
Using a malfunctioning breathalyzer
In order for a breathalyzer test to be admissible in court, it must first be properly calibrated. If a DUI officer uses a breathalyzer that is not properly calibrated, then the results of the test may not be accurate.
Additionally, if an officer does not use the breathalyzer correctly, it can also give inaccurate results. For example, if an officer does not wait the required 15 minutes before administering the test, it can give a false reading.
Not reading you your Miranda rights
After an officer arrests you, they are required to read you your Miranda rights. These rights include the right to remain silent and the right to an attorney. If an officer does not read you your Miranda rights, then anything that you say after your arrest may not be admissible in court.
Getting arrested for a DUI can be a stressful and confusing experience. However, it’s important to know the mistakes that officers often make to increase your chances of a favorable outcome.
