When Can the Police Pull Over a Driver for a DUI?
In order for a police officer to pull over a driver for DUI, they typically must observe some objective violation of the law - like a traffic violation. For example, if a police officer observes a car driving at night without its headlights on, the officer could pull over that car to perform an investigation.
It is very important in every DUI case to examine the reason the police officer stopped the driver. The reason for this is that if the court finds that the police officer did not lawfully stop the driver, then all of the evidence the officer obtained to support an arrest for DUI is usually thrown out of court, which can substantially improve a DUI case.
Many police cars are now equipped with dash cameras. These dash cameras can provide a valuable defense in cases where our clients feel that the police pulled them over for no reason. Additionally, many police officers also pull people over for driving behavior that is not a violation of the law - like weaving within a lane.
A DUI attorney can evaluate whether a driver was lawfully stopped, and put on the proper legal defenses if the situation is appropriate.