It can be a scary situation if the police pull you over for any reason.
However, the situation is much more serious if the police pull you over and suspect you of DUI. After all, a DUI charge and conviction can impact your life in many ways.
Knowing your legal rights can be helpful if you are charged with DUI. Along with speaking with a knowledgeable professional, it’s worth considering if the police made a mistake during the arrest process. If so, it may help your case.
No reasonable suspicion to stop you
The police must have reasonable suspicion to stop you while you are driving. Situations that create cases of reasonable suspicion include not signaling when you turn, rolling through a stop sign or speeding. You can also be legally stopped for equipment violations or mechanical issues.
However, if there is no reason for the police to stop you, any evidence gathered during the traffic stop shouldn’t be used against you. There’s no way to prove the DUI charge against you if there is no evidence.
Lack of probable cause
Police must have probable cause (objective facts) that prove you have committed a crime and arrest you for DUI. Probable cause comes from behavioral observations, an accident, breath and field sobriety tests. No probable cause means there is a lack of proof that you were intoxicated or guilty of the DUI charge.
Protecting your rights when arrested for DUI
If you are arrested for DUI, knowing your rights is essential. In many cases, a viable defense to these charges is a mistake made by the police. Reviewing the information here to determine if that happened in your arrest is important.