A DUI arrest can be frightening and confusing in equal measures. However, this does not mean you are guilty of drunk driving. Law enforcement officers are required to follow strict regulations before they can stop, arrest and charge you with drunk driving.
If the police make missteps during your DUI stop, arrest and arraignment, these mistakes can be used during your DUI defense. And if your challenge is credible enough, the judge may dismiss the case against you.
Here are police mistakes that can be cited during your DUI defense.
Stopping your without probable cause
The police cannot pull you over for a DUI investigation on mere gut feeling. You have to be committing some form of traffic offense for the police to stop you. In other words, the police must have probable cause to stop and investigate you for drunk driving.
This can include swerving in and out of your lane, erratically accelerating and decelerating, driving on the pavement or the cycling lane or zigzagging across the road. If the police stopped you without probable cause, then you may argue lack of probable cause for arrest during your DUI defense.
Arresting and charging you based on your statement
Of course, admitting that you have been out drinking is not a very good idea when you are stopped by the police. However, your confession alone cannot form the basis for your arrest. The police must be able to demonstrate that you are showing signs of impairment before they proceed with charges.
Drunk driving is a serious offense with far-reaching legal and collateral consequences. If you have been charged with drunk driving, it helps to know your legal rights and options for a defense.