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3 mistakes police make that you can use in your DUI defense

On Behalf of | Nov 10, 2021 | Criminal Defense

Let’s get this clear: Operating a motor vehicle while intoxicated endangers your life as well as other road users. Do not drink and drive. That being said, if you have been arrested on suspicion of drinking under influence (DUI), the first thing you want to know is how you can defend your case.

Facing a DUI charge in Minnesota can be very traumatizing and overwhelming. However, it helps to remember that your DUI arrest does not have to end in a conviction – especially if the arresting officer made certain mistakes.

Failure to remind you of your Miranda rights

Once you’re under arrest and in police custody you can’t be questioned until you’ve been informed of your rights. If the arresting officer questions you about anything other than your identification information without reminding you of your right to remain silent and other “Miranda” rights, anything you say during the questioning cannot be used against you.

Failure to show reasonable suspicion for the traffic strop

It violates Minnesota laws for the police to pull over a vehicle unless they have reasonable suspicion that you are drunk driving or committing another crime. 

Inaccurate breath testing due to ketosis

Ketosis that is triggered by diabetes or a ketogenic diet can cause a false breathalyzer test result. Ketosis is a metabolic process that involves your body breaking down stored fat for energy. This process causes a buildup of ketones in your body. Ketones have a similar composition to alcohol. While administering a breathalyzer test, these ketones can produce a false result. 

A DUI conviction can impact your life in many ways. However, police are required to follow strict rules when arresting DUI suspects. If the police make a mistake at any stage during your arrest and processing, they may play a part in your defense.