Is Confirmation Bias Responsible for Your DWI Arrest?

 Posted on August 10, 2020 in DWI / DUI

Although police officers are held to a higher moral standard than most civilians are, they are still capable of making mistakes like any other person. For instance, an officer’s bias could affect their decisions if they stop you on suspicion of driving while intoxicated. An officer is required to have reasonable suspicion that you are violating the law in order to stop you and probable cause that you have committed a crime in order to arrest you. This means that the officer should look at the evidence objectively before concluding that you are intoxicated, but some officers have already formed their opinion before they even talk to you. You may be able to defeat a DWI charge against you if you can prove that the officer’s confirmation bias was the reason for your arrest.

What Is Confirmation Bias?

When a police officer already suspects that you are intoxicated, they will pay more attention to evidence that confirms their bias or interpret evidence in a way that supports their bias. This is known as confirmation bias, and there are several ways that an officer may unintentionally use it during a DWI stop:

• The officer assumes that any sluggish or unusual behavior is a symptom of intoxication when you may be sick, fatigued, or nervous.
• The officer does not consider the many factors other than intoxication that could affect your performance on a field sobriety test, such as physical health issues.
• The officer assumes that your refusal to answer questions or agree to a chemical sobriety test means that you are hiding the fact that you are intoxicated.

Confirmation bias is one of the primary reasons you should refuse a field sobriety test, even when you know you are sober. Evaluating your balance or eye movement is completely subjective, and the officer’s interpretation of your performance might be based on an assumption that you are intoxicated.

How Can You Guard Yourself Against Confirmation Bias?

When your DWI case goes to trial, the prosecution must prove that the police officer had reason to believe that you were intoxicated at the time of your arrest. You can use the facts of your DWI stop to show that the officer was unreasonable in their conclusion or that there is an alternative explanation for the evidence that suggested you were intoxicated. The cross-examination of the officer during the trial will be crucial, and video evidence from your stop may support your argument.

Contact a San Antonio DWI Defense Lawyer

There are several reasons other than intoxication that a driver may show unusual or erratic behavior, but police officers are likely to strongly suspect intoxication before they have all of the evidence. A San Antonio DWI defense attorney at the Law Offices of Sam H. Lock understands how pre-existing biases can affect an officer’s judgment and how proving bias can help your defense. To Schedule your consultation, call 210-226-0965.

Source:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.49.htm