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Atlanta Criminal Defense Lawyers > Blog > DUI > Top Five Mistakes Law Enforcement Makes During DUI Stops

Top Five Mistakes Law Enforcement Makes During DUI Stops


Maybe you drank a bit more than you thought you did before you got behind the wheel. If this is true, then your driving behavior or other indicators may alert the police to pull you over and check you out. Just one mistake or miscalculation in your actions can lead to a DUI arrest and the penalties can be quite severe if there is a conviction. But even though you have made an error in judgment, the police are only human too, and can also be prone to making mistakes.

If you were arrested for a DUI in Georgia, understanding your rights and protecting your freedoms is critical. A DUI arrest does not automatically mean that you will be convicted and have to face severe penalties. This is especially true if there were mistakes made by the police in your case. To determine where the police may have been wrong or where there could have been blunders on the part of law enforcement, you should consider partnering with a skilled and resourceful attorney that knows the laws and how to investigate DUI cases like yours.

To have your case evaluated by an experienced and resourceful attorney, you can reach out to the DeKalb County DUI defense attorneys at Hawkins Spizman Trial Attorneys.

Mistakes that Police Can Make During a DUI Stop

Knowing your rights and what to expect from the police can help. But even if you are unsure if there were missteps by law enforcement when you were arrested or pulled over, when you meet with an attorney at Hawkins Spizman your case will be thoroughly scrutinized to identify issues with your arrest that may have taken place. Some of the mistakes police can make when they execute a DUI stop include:

  1. The police pulled you over without a legitimate reason for doing so. If it can be shown that you were arbitrarily pulled over without grounds to do so, then your DUI arrest could be deemed unlawful.
  2. If the police fail to follow established guidelines at DUI checkpoints you may have a case to dispute your arrest or detainment.
  3. You were asked to do a field sobriety test that was not administered properly. Because these tests are not completely accurate all of the time especially if they were not done correctly their results can be highly questionable. As such, it is common to defend yourself in court by challenging the findings and showing they are inaccurate or invalid.
  4. The police do chemical testing with a device that was not properly calibrated or was defective in some way. As a result, the blood alcohol concentration (BAC) reading is not valid.
  5. The police did not give clear guidance on how to do stand-on-one leg tests and other field sobriety tests. Or if the police did not consider the environment where the test was done, medical issues, or other factors that could impact the outcome which may be unrelated to alcohol, then the conclusions could be found to be illegitimate.

Speak to a Georgia DUI Defense Lawyer Today

Everyone makes mistakes now and then, even the police. If there were issues with the way the police handled your DUI arrest you may be able to have your charges dropped or reduced.  Mike Hawkins has taught DUI defense to lawyers and judges across the country and is Board Certified in DUI Defense as recognized by the American Bar Association. For more information please call the Georgia DUI defense lawyers at Hawkins Spizman Trial Attorneys at 770-685-6400 to schedule a free consultation.

Hawkins Spizman Trial Attorneys represent individuals in Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.



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