When Washingtonians push the limit of drinking and driving, police may pull the driver over, conduct a field sobriety test and ultimately arrest the driver. It happens every day. What doesn't happen every day, however, is that police arrest one of their own for driving under the influence.
Although police are seemingly seldom on the unhappy side of a drunk driving arrest, a Spokane officer recently was. While off duty, the officer reportedly was in a drunk driving accident. Police responded to the scene and arrested the officer on DUI charges.
There is no word whether police gave the officer a breathalyzer or field sobriety test. Reports were also silent as to the officer's blood alcohol content level. The officer has been put on administrative leave.
Washingtonians who find themselves in similar circumstances should take their DUI defense seriously. A DUI defense has several options for challenging the government's case. Some of the more common challenges involve procedural errors and constitutional mistakes.
Procedural errors include improperly administering a breathalyzer or field sobriety test. For instance, the breathalyzer may not be correctly calibrated or the officer may be using it improperly. Likewise, the field sobriety test may be invalid because police used a test unsupported by science.
Constitutional mistakes are another fertile source for fighting back. These mistakes can include the police not having reasonable suspicion to pull the vehicle over in the first place. It can also include errors in the search for, and seizure of, evidence. Identifying these, and other, mistakes can get the charges reduced or even dismissed.
Source: kxly.com, "Police Officer arrested for DUI," Mar. 31, 2014