This is a good question because many of my clients are coming in, and it's pretty clear that the police stopped them for no reason. Other than the fact they suspected they might be driving under the influence of alcohol, they wanted to talk to them, smell their breath, and get them to admit that they had some drinks. Then, they could get them out and do the field sobriety tests, test their blood or breath, and then arrest them for a DUI.
So, the concise and simple answer is that the police cannot just pull you over for any reason. They need some lawful reason to do so. Unfortunately, they do a lot of what we call bootstrapping.
In other words, they pull you over illegally, get you for a DUI, and then bootstrap and say, listen, the guy was DUI, was swerving all over the road, and that's why I pulled him over. Of course, they've now got the information that your blood alcohol level was a .08 or greater. So, how do you combat that is the question?
The power to challenge a potentially unlawful stop lies in the evidence. Many police vehicles are equipped with recording devices, which can be a game-changer. If the police claim you made an illegal turn or were swerving, these recordings can be used to verify their claims, giving you a strong defense.
If a judge finds that the police lied about the stop, it can have significant implications. The entire visit could be deemed unlawful, leading to the exclusion of crucial evidence such as your breath or blood test results and any statements you made. This could significantly strengthen your defense.
That would include your breath result, your blood result, and all your field sobriety tests because they would've never been able to get you to do the field sobriety tests if they didn't illegally pull you over; any statements that you make — so that pretty much ruins their case if the defense can prove that the stop was not lawful.
Traffic Violation Vehicle Stop
So, what do they need to stop somebody? That's the next question related to a DUI investigation. They're going to need some traffic violations. That would give them the ability to stop you.
If they believe criminal activity is afoot, they can stop somebody, investigate, ask them questions, and check it out. Unfortunately, people are often honest when the police ask them if they've had anything to drink and admit it.
This is because they may have only had a couple of drinks and don't think that will be a problem, or perhaps they've had more than a couple. They claim they've had a couple, and they believe the police will just let them go.
What they don't realize is the police have already targeted them. They believe that they are driving under the influence of alcohol. They've already decided they're going to investigate him before they pull him over because they often pull people over on the weekends, late at night.
They figure most people who are out late at night on a Friday, Saturday, or even a Sunday night are probably coming from a bar, a nightclub, a restaurant, have had some alcohol to drink, and they're now driving, so they're looking to arrest that person.
That's a sad state of affairs, but that's the way that the police do it, so you have to bear in mind before you go out for the night that if you're going to drink, you better figure out an exit strategy that doesn't involve you putting yourself in jeopardy out on the road.
Proving Vehicle Stop Was Unlawful
So, the bottom line is that the answer to the critical question is that the police cannot pull you over for any reason, but the issue for the defense is, can you prove that they didn't pull you over for some lawful reason?
Indeed, the defendant can testify and say, I was driving fine. Everything was good. They just pulled me over for no reason. The police can then turn back and say, no, he was swerving and weaving. The reason he doesn't know that he was doing that is that his blood-alcohol level was over .08, so he couldn't safely operate a motor vehicle, and he wouldn't know that because alcohol has taken command of him.
So, that's what you're fighting against. There are situations where you can prove that the police pulled you over unlawfully and get the case thrown out. Still, you also have to realize the police know that, so they're writing their report so that they're trying to cover that argument by the defense attorney.
Contact our Lawyers for Help
If you believe you were unlawfully targeted and pulled over, don't hesitate to reach out. With twenty-five years of experience, I can provide you with a comprehensive understanding of your case and the likelihood of successfully arguing an unlawful stop. Remember, having a knowledgeable attorney by your side can make all the difference in a DUI case, providing you with the support and guidance you need.
When it comes to determining the lawfulness of a stop, it's important to remember that it's not a jury's decision but rather a judge's. In a DUI case, a jury's role is limited to deciding whether you were driving on the road and your blood alcohol level was a .08 or greater or if you refused to take the test. Understanding these roles can help you navigate your case effectively.
When it comes to search and seizure, motions and illegal stop motions are all decided by a judge, so you can run your activity and win or lose. If you win, your case is over. If you lose, your case goes on, and you're entitled to have a jury trial, or maybe you've resolved the case because that was your one big issue.
Regardless of the outcome, having an attorney by your side is crucial. Attorneys bring a wealth of experience and a neutral perspective to your case, helping you understand if you have a strong argument to claim that the police illegally stopped you in a DUI investigation and arrest. Remember, you're not alone in this process.
