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  1. Police officers who are arrested for driving under the influence will normally be subject to an internal investigation. Depending on the investigation outcome, the officer might face consequences such as dismissal, administrative leave, or having to complete a substance abuse treatment program.

  2. Jan 23, 2019 · An officer can stop you with only reasonable suspicion, but in order to make an arrest he or she must have something more called, probable cause. The standard way to establish probable cause is thru roadside sobriety tests. If an officer performs the tests improperly that can lead to the suppression of evidence or even dismissal of the case.

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  4. Improper testing and storage of blood alcohol samples First, police must arrange for a proper blood-alcohol analysis by a trained and licensed phlebotomist as quickly as possible following arrest. Unreasonable wait times or testing by an untrained laboratory technician could be possible defenses against the results.

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    • Insufficient Reasonable Suspicion For Investigative Stop. Before police can stop you on suspicion of DUI the officer must have reasonable suspicion to do so.
    • Failure to Obtain a Drinking Pattern. Your drinking pattern can be instrumental in determining whether your BAC test results were accurate. If your blood alcohol concentration is still rising, then the result on the breath test is not necessarily indicative of what your bac was at the time of driving.
    • Incorrect Administration of Field Sobriety Tests (FST) When a motorist is pulled over for a traffic or equipment violation, and the officer suspects the driver has been drinking, he or she often requests the driver to perform certain field sobriety tests.
    • Failure to Wait 15 minutes for Breath Test (Title 17) Under Title 17 CCR §1219.3, an officer is required to place you under constant observation for 15 minutes before the breath test is administered.
  5. Oct 12, 2008 · Private, off-duty conduct involving an officer’s personal relationships may come within the scope of a department’s disciplinary process if that conduct violates a stated moral code and the conduct comes to light in a negative was for the officer. The last two officers I represented learned this lesson the hard way.

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