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DUI » Traffic Stop » Unlawful Police Stops

Unlawful Police Stops

There are circumstances where the initial police stop for an alleged DUI offense may be considered unlawful. To pull a driver over to the side of the road, a police officer must have probable cause, defined as a sufficient reason to take action, based upon more than a simple suspicion or "hunch". In a case involving suspected drunk driving, grounds for an initial police stop would typically be based upon a violated traffic law or extremely erratic driving behavior, such as a driver who is swerving in and out of his or her lane.

Simply driving away from a bar at closing time is not enough to pull a driver over and subject him or her to field sobriety tests and questioning in an attempt to make an arrest for driving under the influence. Following are some potential examples of driving behavior that may be considered to indicate a driver who is intoxicated or under the influence of a controlled substance:

  • Driving too slowly;
  • Speeding / racing;
  • Running a red light;
  • Swerving in and out of one's lane; and
  • Driving on the wrong side of the road

The circumstances of your initial police stop are just one of many factors that Thomas & Paulk will investigate when we take on your case. We will look at your case from every angle to determine whether the arresting officer actually had a sufficient reason to pull you over in the first place. If we are able to challenge the lawfulness of the initial stop, this may have a domino effect on the rest of your case, resulting in a dismissal or other beneficial outcome. For a confidential review of your case, please take a moment to contact our law offices. We will be happy to discuss the matter with you to determine how we can assist you.

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