The Role of Police Observation Errors in Weakening DUI Prosecution
- Vincent Tubiana
- Jul 25
- 3 min read

Getting charged with a DUI can be overwhelming and frustrating. Police officers make mistakes, and those errors can create serious weaknesses in the prosecution’s case. A skilled Florida Keys DUI lawyer knows how to spot these issues and turn them into opportunities for your defense.
At Hutchison and Tubiana, PLLC, we dig into every detail, from flawed field sobriety tests to biased assumptions, to challenge unreliable evidence. Our team is here to protect your rights and build the strongest case possible. You don’t have to face this alone. We’re ready to fight for you.
Below, you’ll learn how our lawyers can use police observation errors in your defense strategy.
When Cautious Driving Is Mistaken for Being Under the Influence
Drivers sometimes swerve or slow down to avoid danger on the road. These actions can be smart and safe, but police might see them as signs of drunk driving. An officer may make the wrong call without knowing the reason behind the behavior.
A DUI lawyer can determine the real reason for the driver’s actions. They may show that the driver was simply reacting to road hazards or driving with extra care. This helps prove that the officer’s opinion was based on guesswork, not solid facts.
Officer Statements Don’t Match
Sometimes an officer says one thing in court but writes something different in their report. These contradictions can raise serious questions about what happened. If the details don’t line up, it may show that the officer’s memory or version of events isn’t reliable.
A Florida Keys DUI lawyer will carefully compare the report with the testimony. They use these differences to show the court that the officer might not tell the full story. When the facts are unclear, it becomes harder for the prosecution to prove their case.
Improperly Conducted Sobriety Tests
Field sobriety tests can be hard to complete even when someone is completely sober. Uneven pavement, dim lighting, or confusing directions can all lead to mistakes. These problems make it easy for officers to get the wrong idea about someone’s condition.
Lawyers trained in DUI defense know how to spot issues with these tests. They will point out anything that made the test unfair or difficult to complete. The lawyer can argue that the results shouldn’t be trusted if the process wasn't handled properly.
Why You Need a Florida Keys DUI Lawyer
Police observation errors can create serious weaknesses in the prosecution’s case. At Hutchison and Tubiana, PLLC, we know how to uncover and use these mistakes to your advantage. Let us fight to protect your rights and help you confidently move forward.
Key Takeaways
Can a DUI charge be dismissed if the officer made a mistake?
Yes, mistakes made by the officer can create doubt about the accuracy of the arrest. A DUI lawyer can use those errors to weaken the prosecution’s case and possibly get the charges reduced or dropped.
What if I was driving carefully but still got pulled over for DUI?
Officers sometimes misread cautious driving, like swerving or slowing down, as signs of impairment. A lawyer can explain the real reasons behind your actions and show that the officer made the wrong assumption.
Do field sobriety tests always prove someone is drunk?
No, these tests can be flawed if done in bad conditions or without clear directions. A skilled DUI lawyer will challenge the test results if the process was unfair or unreliable.
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