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What are common DWI mistakes made by police?

On Behalf of | Jun 14, 2022 | DWI

A Texas arrest for driving while intoxicated can have serious consequences for your future. However, if the police involved in your arrest made mistakes, it might favor you. These are the most common ones.

No reasonable suspicion

Police officers must have reasonable suspicion to make a driver stop their vehicle. If you didn’t commit any traffic violations or drive erratically, there is no reason for a traffic stop. This also means the officer doesn’t have legal cause to arrest you for driving while intoxicated).

Improper administration of field sobriety tests

Field sobriety tests are supposed to be administered according to standards set by the National Highway Traffic Safety Administration. If the police officer does not properly conduct them, they cannot conclude that you’re under the influence of alcohol or drugs and make an arrest.

No probable cause

A police officer cannot make an arrest for DWI without having probable cause. For example, you might have made an honest mistake in driving through a red light, but if there is no evidence that you’re under the influence, the officer can’t arrest you.

Contamination of blood, breath or urine test

Blood, breath and urine tests should always be handled properly and must be properly calibrated in the case of Breathalyzers. If samples become contaminated or the breath test is not calibrated via proper procedures, they wouldn’t be admissible in court, which might result in the DWI charges being dismissed.


Police officers are supposed to behave civilly toward potential suspects. If an officer was hostile after making you stop your car and while arresting you, the DWI charges could be thrown out.

Officer followed you home

A police officer cannot follow you home and harass you on your property. Even if the officer believes you are under the influence, by law, they can’t arrest you for DWI in this situation because it’s a violation of your rights.