It is very common for a person who is arrested for a DUI to believe that they have no options. They often feel hopeless and as though they must plead guilty. The truth is that you may have options. There are a number of defense strategies that could lead to your case being dismissed and charges being dropped – one of which is challenging the DUI stop itself.

If your criminal defense attorney is able to prove that you were unlawfully stopped and / or arrested, then it is unlikely you will be convicted of a DUI. Keep reading to learn more and then call Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.

The Basics of Challenging a DUI Stop

Every citizen of the United States is protected by the Fourth Amendment to our Constitution, which grants us the right to be free from unreasonable search and seizure. This Amendment was created well before the issue of drinking and driving was an issue, and as a result the courts have had to define how the two affect one another. They have worked to balance public safety with each individual’s rights.

The result is that the State finds that a person’s expectation to privacy is narrowed when they decide to drive a car, at the same time that the state’s interest in public safety increases. However, note that even if your Fourth Amendment rights may be somewhat weaker when you are driving than when you are in your home, you still have protections and your attorney can help ensure they are appropriately applied to your case.

Reasons Your Attorney May Be Able to Challenge Your DUI Stop

There are a number of potential reasons that your attorney may be able to claim illegal search and seizure. They include:

• An illegal stop. The police cannot simply pull you over because they want to or because they don’t like the way you look – they must have probable cause. The officer must be able to clearly indicate what the probable cause was. For example, if you were driving erratically or not following traffic laws, then the stop is likely lawful. However, if they cannot point to specific probable cause, then the stop may not have been lawful.
• An illegal arrest. The second main way we may be able to challenge your DUI is if you were arrested without probable cause. Reasonable probable cause includes things like looking drunk, smelling drunk, or behaving in a way that’s consistent with a drunk driver. However, if you were arrested because of the hunch of an officer, then that is not a legal arrest.

These are just two examples of the ways in which the right defense attorney can help you fight DUI charges. It is worth contacting Law Office of Michael L. Fell at (949) 585-9055 for a free legal consultation.