Discussing Criminal Attorney Services

How to Respond When a DUI Arresting Officer Behaves Inappropriately

30 April 2020

Joshua Alexander

During a suspected DUI case, police officers sometimes don't do their jobs properly. When this happens, you might be falsely accused of a DUI or the police officer might violate your rights. There are several reasons why you'll want to speak to your DUI lawyer about the conduct of the arresting officer.

Question All Police Officers

Even the most well-intentioned police officers can make bad judgment calls. When this occurs, you'll need to prepare yourself to fight the police officer's behavior in court. For example, the police officer might have written down that your behavior was indicative of intoxication, but surveillance footage might be available that contradicts this claim.

Learn About the Officer's Internal Reviews

An internal review of a police officer's behavior can reveal records that the officer may have behaved in an inappropriate way in the past. For example, the officer might have been described as being rude and arrogant. This type of behavior can further support the idea that the officer isn't doing his job properly. 

Some police officers will have a hostile attitude toward a suspect. This is based on the officer assuming that the suspect is intoxicated even when there is no evidence that the suspect was driving under the influence.

Determine if There Was a Valid Reason for the Stop

When a police officer pulls you over, they must have a valid reason. You may have been stopped at a sobriety checkpoint or you might have been pulled over because you were exhibiting signs of intoxication. For instance, you might have been swerving into another lane. However, if there are no reasons to pull you over, this can be used as a justification to have your charges dropped.

You may also have an invalid arrest. Some officers will, unfortunately, fabricate evidence that you were driving in an unsafe manner and were showing signs of intoxication. Unfortunately, this can often be your word against the officer's; it is essential to work closely with a DUI attorney to bolster your case.

Speak with a DUI Attorney

Because the conduct of the police officer can play a role in your case, it's important to speak to a DUI attorney about the officer's conduct. The reason for pulling you over for a DUI might have not been justified, especially under certain state laws. For example, your DUI attorney might point out that a plain-clothes police officer is not allowed to perform a traffic stop in your state.

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