In our previous post, we noted that several officers in the Seattle Police Department were accused back in March of violating the department's arrest-screening policy after it was discovered that they had been certifying many DUI arrests without obtaining the approval of their supervisor.

As we mentioned, those allegations were eventually dropped when it was discovered that the practice had been going on for as many as 25 years and that they had obtained preapproval of their arrests from a superior. Each of the three officers involved in the practice ended up receiving supervisory counseling and training reminding them to follow the department's policy and to question the direction of a superior which is contrary to that policy.

One man, who was arrested by one of the officers who violated the department's arrest-screening policy, is currently seeking to have his case dismissed or at least to suppress testimony given by the arresting officer. Sources noted that, if the defendant gets his way, there may be other legal challenges on DUI arrests coming forward.

According to some experts, it is unlikely that the defendant's case will be dismissed or that the testimony will be suppressed, and more likely that a jury would be give the opportunity to cross-examine the officer.

It is important for DUI defendants to realize that they deserve a full defense. There are a number of ways DUI charges can be challenged. One of the major principles behind such challenges is that law enforcement officers must be held accountable when they perform their job incorrectly.

Source: Seattle Times, "Rubber-stamped Seattle DUI arrests prompt legal challenge," Steve Miletich, August 26, 2011.