What Constitutes a Legal DUI Stop and Arrest?

By Fiona Baron

Typically, DUI charges are legitimate and also the officers making the DUI stop have valid reasons. Unfortunately, not every circumstance has justice that is administered properly. That's why you need a Sacramento DUI lawyer to make sure that your civil rights weren't violated while you were stopped and checked for DUI before being charged for your offense. Like anybody else, police officers can make some mistakes. Quite frankly, a percentage of police officers and peace officers nowadays don't think twice before stamping on your civil liberties, simply to have that arrest. This is a sad but true fact.

There are lots of good reasons for you to be concerned and frightened once you have been charged with drunk driving. When you are charged with DUI your life will alter in ways that are hard to imagine. Reviewing your arrest and also the circumstances of the DUI stop is an important process that your lawyer will undertake. If the DUI stop was not warranted, then it's possible that you could have your DUI thrown out of court.

Legal DUI Arrests and Stops

A police officer within the state of California has a right to stop any motorized vehicle on the roadway if he has a reason to think that this person driving could be intoxicated. One manifestation of this can be when the police officer sees you driving in a manner that is suspicious, such as driving erratically. Police officers might also suspect you're driving drunk or intoxicated when you go through a sobriety check point while acting in a way that indicates that you could be intoxicated. For example, when you smell of alcohol, have slurred speech, or if perhaps there's an open container within your vehicle, if your eyes are blood shot, etc., then any reasonable person could assume that you've been drinking.

Field Sobriety Examination

If an officer thinks that you could be DUI, he has to administer some field sobriety tests to determine sobriety or intoxication. These tests can involve walking a straight line, touching your nose using the tip of your pointer finger, or counting backwards from 100. He might also have you undergo a breathalyzer exam. This test involves blowing right into a machine that will then measure your blood alcohol content, or BAC. If the BAC is passed 0.08, then the law considers you officially intoxicated so you are going to be arrested. You can also be arrested if you are under age and your BAC is greater than 0.0.

How to Get Your DUI Dismissed from Court

Without legal cause to stop you, or sufficient evidence to suspect that you're drunk, your DUI arrest may be deemed invalid and illegal. Should you be stopped with no reason to think that you were actually drunk, then a good Sacramento DUI lawyer can have the charges dismissed. This can be also true if the BAC was over the legal limit. Determine if this defense is the best option for the conditions surrounding your DUI arrest by consulting your lawyer right away.

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