Police Mistakes After Arrest Part 1

It's important to know what to look for.  These are just some of the Police Mistakes made after a Vermont DUI Arrest. ​

In our first video, I discussed how I would defend your DUI case based upon common mistakes that police sometimes make in stopping your car improperly, interacting with you after the stop, ordering you out of your car, and then processing you on the side of the road. Now we will review common police mistakes that are sometimes made when you are processed after your arrest at the police station. At this stage, successfully challenging these mistakes could result in the breath test results being suppressed or excluded from evidence as well as the Judge letting you keep your license or out of State driving privileges in the Civil Suspension case.

Key points you really need to know:

  • Did the officer properly read you your Miranda rights regarding your right to remain silent, to have an attorney during questioning, and so forth?
  • If you agreed to talk with him, did he explain the Miranda waiver form before you signed it?
  • Did the officer properly explain to you each of the so-called Implied Consent Rights regarding what would happen if you took the breath test or if you refused the breath test?
  • If you had language problems or difficulty understanding those rights that he read to you, did he explain them so that you did understand them?
  • Did he explain to you that you had the right to speak with an attorney before taking the breath test?
  • If you spoke to an attorney, did you have a private and meaningful consultation with that lawyer?
  • If you knew you were being videotaped during the processing, did the officer tell you that you would not be recorded while you were talking with your attorney?
  • If you told the officer you did not want to speak with an attorney, did you sign the printed waiver form before he asked whether you wanted to give a breath sample?

Click here to continue to Part 2 of this video.

Other references:

  • Please view our DUI FAQ Section for more information Vermont DUI.


Any testimonial or endorsement, or case result stated in this post, is not a guarantee, or warranty, or prediction regarding the outcome of your case. Client testimonials and case results set out in this post are specific to the factual and legal circumstances in those cases, and do not guarantee that the same results would be obtained in your case. The information you obtain from this post is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.