Arrest Protocol
There are certain standards that must be upheld by law enforcement officers, and this is especially true during an arrest. When an individual is pulled over on suspicion of driving under the influence, there are many things that must happen before an arrest can be made. An officer’s failure to comply with the required protocol may result in all charges being dropped.
If you or someone you love has been charged with driving under the influence, it is important to do everything possible to fight these charges. Contact Rhode Island DUI defense attorney James Powderly at 401-662-9006 to speak to an experienced legal professional about your rights today.
Standard Arrest Protocol
If an individual is charged with an alcohol-related offense, the following must be observed in his or her arrest:
- An officer cannot pull someone over for DUI without probable cause. The person behind the wheel must have exhibited signs of being intoxicated or the officer must have seen alcohol in the vehicle.
- Everything must be documented. A sobriety test must be administered by a law enforcement officer who is properly trained in administering the specific type of test(s) used. If the results of any tests are not recorded, this information cannot be used against the accused person.
- The accused individual must be aware of his or her rights. Any failure to recite the Miranda rights before an individual is questioned by law enforcement officials may result in a dismissal of any confession or admission.
Many cases have been dismissed because a law enforcement officer failed to follow required protocol. If you believe that a law enforcement officer failed to follow correct procedures during your arrest, speak to an attorney immediately.
Contact Us
If you or someone you love has been charged with driving under the influence, contact Rhode Island drunk driving defense attorney James Powderly at 401-662-9006 today.
