Reader’s Question:

I haven’t been arrested for DUI here in Rio Rancho, New Mexico and I wanna know a lot of things about it. For now, I’m just curious to know how police officers work in a DUI arrest. What are the common mistakes that police officers make in a DUI arrest?

Bernadette

Rio Rancho, NM

There are a lot of common mistakes that police officers make in a DUI arrest in Rio Rancho, New Mexico. The first on the list is stopping a vehicle based on anonymous call. A police officer could not rely on a phone call to stop a motorist if he/she does not have a name and address for the caller. Another one is to follow a motorist into his/her residence without invitation or without enough information to justify the entry. Our homes are protected by the Fourth Amendment to the US Constitution.

One other common mistake that police officers make in a DUI arrest is basing the arrest on the statements of the motorist alone. The police officer should have independent evidence to support these statements. This would often arise when the officer has not seen you in physical control of your car. Another thing on the list is to detain a motorist longer than is reasonable to investigate. The US Constitution doesn’t allow police officers to hold you without limit. These things along with other common mistakes that police officers make in a DUI arrest could be used as defenses in a DUI case trial.

Tags: DUI, DUI arrest, DUI lawyer