DUI

Was my car lawfully stopped by police?

The first step in the defense of a DUI charge is to analyze the circumstances surrounding your initial contact with law enforcement. Typically, a law enforcement officer will state that he observed you violate some traffic law or that your driving was erratic. Officers use these observations as grounds to stop your vehicle.

On the other hand, you might be found parked, and asleep behind the wheel. Either way the circumstances surrounding the stop of your vehicle are critical to the outcome of your case! If the reasons given by law enforcement for stopping your vehicle are legally insufficient, your case should be dismissed regardless of your performance on the field sobriety tests, or the breathalyzer test!

Stopped for your driving pattern

When addressing the stop of your vehicle by the police you should focus on a number of issues:

• Did the officer cite you with an infraction? There may or may not be grounds for the infraction.
• You might have been stopped, but did not receive a citation. The officer might be claiming that, while your driving pattern did not warrant a citation, it was consistent with someone who was impaired by alcohol. Ultimately, many different issues could determine whether or not the stop was legally justified.

Stopped by police after you parked your car

If you were found behind the wheel of a car that was parked, and you were ultimately arrested for DUI, then you should ask the following questions:

• Were you found asleep behind the wheel with the car parked?
• Was the car legally parked?
• Were the keys in the ignition?
• Was the engine running?
• Was the window up or down?
• Did the officer order you out of the vehicle, or did you come out of the vehicle voluntarily?

All of these issues will play a role in the lawfulness of the officer's investigation.

The Next Step: Determine Whether the Prosecution Can Prove You Were Driving Under the Influence.

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