Most people charged with driving under the influence assume the case will hinge on challenging their blood alcohol content (BAC) results on field sobriety tests. Those factors are important, but they’re not always the foundation of a strong DUI defense.
In many DUI cases, the real issue begins before any test was ever performed. The legality of the traffic stop itself is something that can shift the outcome of your case. Here’s what you need to know.
What’s an unlawful DUI traffic stop?
First, it helps to understand what constitutes an illegal stop. Under the Fourth Amendment of the U.S. Constitution, officers must have legally justifiable reasons or reasonable suspicion to pull you over. This could be swerving between lanes, running a stop sign or red light, driving well below or above the speed limit or equipment issues like a broken tail light.
While there are some exceptions, an officer cannot stop you to check whether you’re driving under the influence based on a vague feeling, profiling or curiosity. It’s against the law to do so.
How this can affect the outcome of your case
Evidence obtained during and after an illegal traffic stop can be excluded from your case because it was obtained in violation of your constitutional rights. This usually follows a motion to suppress filed by the defense, asking the court to exclude evidence that resulted from the unlawful stop.
If the judge grants the motion, the prosecution cannot use the suppressed evidence to prove your guilt. This can considerably weaken the case against you, especially if crucial evidence is suppressed. It’s possible that your charges may be reduced or dismissed if there’s insufficient admissible evidence to prove the case beyond a reasonable doubt.
Legal support is essential
Challenging the legality of your DUI traffic stop goes beyond simply pointing out a possible mistake by law enforcement. It requires a strategic and detailed review of the stop, your interaction with the police and how everything unfolded. Professional legal guidance can help you identify any procedural errors, inconsistencies or violations of your rights and build a defense strategy that increases the odds of a desirable outcome of your case.