When the police stop you on suspicion of drunk driving, they can’t do so randomly. From the moment they stop you, the police must follow the law for any evidence obtained to be admissible in court.
It means that you need to analyze the legality of your traffic stop as part of your defense strategy.
When can the police pull you over?
A traffic stop is lawful if the police have reasonable suspicion to pull you over. The threshold of such suspicion is not high. If a reasonable person would suspect that a crime was occurring or was going to occur, it likely means that your traffic stop is legal.
Some valid reasons by law enforcement include erratic driving, running a red light, or any other minor traffic infraction.
What it means for your case
The police may have pulled you over without reasonable suspicion and even obtained a breathalyzer test result that is not in your favor. However, if the traffic stop was unlawful, you may file a motion with the court to suppress illegally obtained evidence.
If the prosecution lacks a crucial part of the evidence to secure a guilty verdict for your DUI charges, they may have no choice but to drop or reduce them.
Protecting your legal rights
You are constitutionally protected from random searches and seizures by law enforcement. But unfortunately, many do not know when those rights are violated by law enforcement, and they end up paying the cost.
Understanding how the criminal justice system works will be crucial if the police charge you. You will be better placed to make informed decisions that secure your interests and ensure the most favorable outcome.