3 Mistakes Police Make When They Arrest Someone for DWI

Were you recently charged with DWI? Your lawyer will look for critical evidence to build a strong defense as your case takes shape. While your situation may feel dire, keep in mind that law enforcement has been known to make pivotal mistakes that can potentially change your case’s trajectory.

This article will walk you through three of the most common mistakes police officers make when arresting someone for DWI. An experienced DWI lawyer can discover these mistakes and help you protect your future and freedom.

1. Stopping You Without Any Probable Cause or Evidence

This is one of the most common law enforcement mistakes that can help your DWI case. Officers cannot stop you without an articulable reason. If you’re stopped simply based on a “gut feeling” or “hunch,” the stop is deemed illegal.

The officer’s report must state the reason for the stop—typically it’s a traffic violation. You may have a) been speeding, b) unlawfully changed lanes, c) failed to stop at a stop sign, d) been sleeping on the side of the road, and so on. These are probable causes. If the reason for the stop isn’t specific, the officer has made a critical mistake that will work in your favor.

2. Administering a Flawed Field Sobriety Test

Keep in mind that DWI charges are partially based on an officer’s opinion as to whether or not you’re intoxicated. In order to form that opinion, they must try to gather some kind of evidence that proves your intoxication. Roadside sobriety tests like the one-leg stand, where you have to stand on one leg and count out loud, can easily show instability when, in truth, you might simply have poor balance caused by a medical condition or just simple genetics.

The same is true for the eye or horizontal gaze nystagmus test, which measures a natural, but involuntary, shaking of the eye. As the officer moves a pen, you must follow it with your eyes only. When someone is intoxicated, the shaking worsens, but it could also be a natural condition in some people.

The walk and turn test requires the driver to walk nine steps heel to toe in a straight line with their hands by their sides, then turn and walk nine steps back the same way. Walking with your hands by your sides narrows your center of gravity, keeping you off balance. The heel-to-toe method is also tough to do unless you’re a great athlete or you walk a high wire in the circus.

Recommended Read: What Happens If I Get a Second DWI in Texas?

3. Relying on Flawed Breath or Blood Tests

Two of the most commonly used chemical tests are breath and blood tests. The breath test, which can be conducted with a portable unit that the officer may have with them, is the least accurate of the breath tests. The other testing device, the breathalyzer, which is kept at the police station or the jail, may seem more accurate but is typically poorly maintained, rarely calibrated, and has been found to misread some substances that are nonalcoholic. In addition, the manufacturer of the breath test doesn’t even warrant its use for DWI cases.

The blood test is also used by law enforcement—sometimes by force when the officer has a signed warrant from a judge—to gather evidence for DWI and driving under the influence cases. The issue with most blood tests is that it never actually tests the blood—just the air above it. It also destroys the evidence after the test, so it can’t be verified or double-checked.

Are you looking for an experienced and detail-oriented criminal defense lawyer in Texas? JL Carpenter has worked on hundreds of DWI, boating while intoxicated, domestic violence, drug possession, and family violence cases. Her track record speaks for itself.

Click here to schedule a consultation. JL represents clients facing criminal charges across the Greater Houston area, including in Friendswood, Clear Lake, League City, and the surrounding areas. Be sure to explore her reviews to discover what her clients say about her.