If the police did not have reasonable suspicion to pull you over, you may be able to challenge the legality of the stop itself.
Consider this scenario: you stop for drinks after work with your colleagues. You have two beers along with some appetizers, and then head home, being careful to drive safely and obey all traffic laws. All of a sudden, you see lights in your review mirror and hear a siren — you’re being pulled over! Next thing you know, you are being booked for driving under the influence (DUI). How did this happen? Was the stop even legal?
The answer to that question can be complicated, but the short answer is that it depends. The police cannot pull you over for no reason. As an experienced Riverside DUI defense lawyer can explain, in order for a California DUI stop to be legal, a law enforcement officer must have reasonable suspicion to pull your vehicle over and make the stop.
Reasonable suspicion is a subjective standard, based on the experience and observations of the police officer. Essentially, it is when the officer believes that you committed a traffic offense or other crime, such as driving under the influence. This is a lower standard than probable cause, which is what the police need in order to search your home or arrest you. To pull you over, the police just need reasonable suspicion. In a DUI case, the “reasonable suspicion” may arise if you were observed consuming alcohol before getting into your vehicle, swearing in and out of lanes, driving too slow, or running red lights. In other cases, the police may pull you over on an unrelated traffic offense, like speeding, and then observe the odor of alcohol on your breath or other symptoms that may indicate that you have been drinking.
So what can you do if you believe that the stop that led to your DUI arrest was illegal? The first and most important step is to hire a seasoned Riverside DUI defense lawyer. Your attorney can file a Motion to Suppress, which will challenge the basis for the stop and put the burden on the prosecution to prove that the police had reasonable suspicion to pull you over. If the prosecution cannot do so, then the stop may be deemed illegal — and then the results of the stop (such as a chemical blood or breath test) will be suppressed along with it.
The law surrounding police stops of vehicles is complicated, and requires a thorough understanding of California law and the facts of your case. Working with an attorney who is skilled in this field can help to increase the probability of a successful outcome, although results are dependent on the facts of each case.
At the Chambers Law Firm, our team of legal professionals fights hard to defend our clients. We believe in challenging evidence when appropriate, negotiating to get the best deals possible, and taking cases to court whenever necessary. If you have been charged with a California DUI, you need a fierce advocate on your side. Contact our office today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced Riverside DUI defense lawyer.
