Nobody expects to be pulled over and arrested for a DUI in New York. It’s important to know that it could help your case if the police make mistakes when doing so. These are very common.
Making a stop without probable cause
Police officers always need reasonable suspicion to stop a driver. This means there should be an issue such as a broken headlight or taillight, erratic driving, a license plate half off or some other noticeable reason to pull the person over. If there is nothing and the officer suddenly arrests the person for DUI, the case would be thrown out.
Stopping a driver for slow speeds
Drivers cannot be pulled over just because they’re driving slowly. As long as they’re traveling within the legal speed limit and driving safely, police cannot stop them. This is only possible if the speed is so dangerously low that the driver poses significant danger to others on the road.
Following a driver to their home
If a police officer follows a driver to their home and enters their residence without permission or probable cause, they cannot legally arrest that person for DUI. This is a DUI mistake that would immediately be thrown out of court.
Improperly administering a test
Police are required to properly administer a blood, breath or urine test when making a driver take one. If a mistake is made during the testing or collection of the sample, a DUI arrest would not hold. The results could give a false reading or might even be contaminated.
Detaining someone too long
A police officer cannot detain a person for too long after making a stop based on a suspicion of DUI. Even if they believe the person is under the influence, this would be considered a violation of their civil rights, which would immediately result in the charges being dropped.
During a checkpoint stop, police are required to treat all drivers with respect. If they act violently, rudely or in any threatening manner, they could not reasonably arrest a person for DUI.