Mistakes Police Make in DUI Cases

Everyone Makes Mistakes, Including the Police

Mistakes happen.  Police, like everyone else, make mistakes.   When police mistakes, however, lead to a wrongful OWI DUI arrest,  you should not pay the price.

From the time an officer observes you to the very last contact the police have with you, there are laws, regulations and procedures for the way the police handle the case.

When the police make even a small mistake, the consequences can be compounded. Police errors in an OWI DUI investigation may lead to false field test interpretation or even false blood test results. An error in any of these procedures may also have an impact on the validity of the initial detention, the portable breath test, the arrest, a chemical (blood or breath) test, or any questioning that occurred.

What type of mistakes might the police make in OWI DUI cases? There is no all-inclusive list, as every case is different. These, however, are the types of things that we see:

  • Stopping a vehicle because they received an anonymous call.
  • Entering a driver's residence. This may violate your 4th Amendment rights.
  • Detaining a driver longer than reasonable.
  • Stopping a driver without reasonable suspicion.
  • Mistaken understanding of law.  If an officer pulls you over because of suspected violations, he has to be right in his interpretation of the law. For example, an officer’s mistaken belief that a plastic window covering was illegal was held to invalidate the stop.
  • Administering any field test incorrectly.
  • Failing to observe a suspect for 20 minutes prior to the breath test.
  • Failing to record the expiration date on the blood vials.
  • Blocking a vehicle’s exit for no justifiable reason.

Whether the officer had forgotten to read you your rights, or the blood testing kit had expired, you are entitled to a vigorous defense.

If you are facing a Wisconsin OWI or DUI charge, talk to the best.  Mishlove and Stuckert, LLC,  is one of America's most respected OWI DUI defense firms, right here in Wisconsin. 

Wisconsin’s Only True OWI DUI Defense Specialists

At Mishlove and Stuckert, LLC, are Wisconsin's only true OWI DUI defense specialists. We have the highest level of training, skill, and experience in recognizing issues in drunk driving cases and vigorously defending our clients’ rights. No other law firm in Wisconsin is better trained, more experienced, or more successful in drunk driving defense.  No law firm is more committed to listening to you, treating you with respect, and telling your story in way that wins the case.

Call us for a free consultation, toll-free at 877-DUI-DREW or submit an online case evaluation request.

Andrew Mishlove and Lauren Stuckert

Mishlove and Stuckert, LLC Attorneys at Law

Mishlove & Stuckert, LLC Attorneys at Law has been rated the #1 DUI law firm in the state by Wisconsin Law Journal Reader Rankings. Our DUI specialists have been highly rated by organizations including: 

  • Avvo™
  • Super Lawyers
  • Martindale-Hubbell 
  • Better Business Bureau 

To speak with one of our board-certified DUI defense specialists, request a consultation online or call us at (414) 332-3499.

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"Mr. Mishlove was worth every penny and then some. I would consider him the Michelangelo of the DUI defense world.
He is professional, dedicated, and pours his heart into his job. I would give him 10 stars if I could."
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