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Mistakes Police Make in DUI Cases

Common mistakes police make during a DUI case.

Everyone Makes Mistakes, Including the Police

Mistakes happen.  That should not mean that you have to pay the consequences for mistakes by the police.

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, a portable breath test, the arrest, a chemical (blood or breath) test and 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.
  • Following a driver into his residence. This may violate your 4th Amendment rights.
  • Detaining a driver longer than is 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 tests 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 WI drunk driving defense.

When you choose Mishlove and Stuckert, LLC,   you are choosing representation that will pursue every possible angle in order to help you achieve the best results.

Wisconsin’s Only True OWI DUI Defense Specialist

At Mishlove and Stuckert, LLC, 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. Andrew Mishlove is the only lawyer in Wisconsin who is board-certified as a specialist in OWI DUI defense.

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