What Only an Atlanta DUI Attorney Will Tell You
The initial police stop is the first part of any DUI case. A law enforcement officer will generally pull a driver over upon personal observation, a report of erratic driving, or a violation of a traffic law that indicates probable drunk driving. What many drivers do not know is that an officer must have probable cause to pull a driver over. This means that the officer must have more than just a sneaking suspicion that the driver is driving under the influence. The driver must have done more than simply leave a bar at closing time. The driver must have been swerving out of his or her lane, speeding, driving recklessly, or otherwise driving in violation of traffic laws.
Conducting a complete investigation into the factors that led to your initial police stop is an important element of defense that your legal counsel should look into. Evidence of an unlawful DUI stop may actually be used to challenge the validity of your charges as a whole and may lead to the dismissal of key evidence against you. However, this can only be achieved after you contact legal representation. In fact, failure to align yourself with an Atlanta criminal defense lawyer could result in serious legal repercussions.
Determining Probable Cause for a Stop
- The officer observes behavior that may indicate drunk driving
- The officer pulls the driver over and asks for license and registration, taking note of any additional indicators of intoxication or drug use, such as bloodshot eyes or slurred speech
- Depending on his or her observations, the officer may ask the driver to step out of the vehicle and perform field sobriety tests
- Depending on field sobriety test performance and any statements the driver may make about how much he/she has had to drink, etc. the officer may make an arrest for DUI
If you believe that you were unlawfully pulled over without probable cause, you should discuss the facts of your arrest with an attorney immediately. Contact Sailers & Associates today.