Police officers have authority over American citizens, but this authority comes with tremendous responsibility; officers must adhere to strict policies and statutes while in the line of duty. If an officer breaches a policy while performing their job, it calls into question their integrity and character as a cop. Therefore, the police must follow the rules of the arrest process, and a DUI arrest is no different.
DUI Arrest & Questioning Policies
Police have to follow a number of rules during a DUI arrest; the following are some of the most important.
Probable Cause for Pulling Over the Driver
First and foremost, police officers must have probable cause for pulling over a driver. Probable cause cannot be a “hunch” or based on intuition, but a clear and concrete reason legal reason for pulling someone over.
Common actions/situations that trigger probable cause:
- Broken taillights;
- Forgetting headlights;
- Swerving;
- Speeding; and
- Forgetting to Signal Lane Changes;
Any of the scenarios mentioned above is considered probable cause for a traffic stop.
Administration of Field Sobriety Tests
An officer will typically use the Standardized Field Sobriety Test (SFST) to determine if someone is impaired from drinking alcohol. When police give these tests, there are some things they must do to ensure that the suspect is tested fairly. If police fail to test the suspect properly, the DUI case may be dropped for insufficient evidence.
Reading of Miranda Warning
If cops believe someone is drunk, they may arrest the suspect. After the officer arrests the accused, he or she must recite the Miranda warning before questioning the suspect; otherwise, the accused's statements cannot be used against them in a court of law. This is because the Miranda warning lists off the accused’s rights as a person charged with a crime, including the right to remain silent. If an officer fails to read off the rights of the arrested before questioning him or her, judges will typically throw out statements made by the accused because they believe the person unknowingly incriminated themselves,
If you have been a victim of unlawful arrest, it is crucial you hire a criminal defense attorney to fight for your case. The Law Offices of Kenneth Stover can help you make your case!
Call (775) 502-1575 now for a free consultation for your case!