When experience matters, don’t leave your future to chance.

Photo of Professionals at JMG, PLLC
Photo of Professionals at JMG, PLLC

When experience matters, don’t leave your future to chance.

How an illegal traffic stop can affect your drunk driving charges

On Behalf of | May 12, 2023 | DUI |

When it comes to drunk driving charges, every detail of your case matters, from the moment you were pulled over, arrested and later charged. Something that may appear insignificant at first, such as the legality of your stop, can significantly impact the outcome of the DUI case against you.

When the police pull you over on suspicion of drunk driving, they must have legally justifiable reasons to do so. In other words, the police must have reasonable suspicion of criminal activity for the stop to be considered lawful. It could be because you were driving erratically, stopping for no reason or even drifting across lanes.

Without reasonable suspicion, the traffic stop is considered unlawful since the Constitution protects you from arbitrary searches by law enforcement.

What it could mean for your DUI charges

This is where things get interesting. A court may exclude from trial any evidence obtained from the illegal stop, like the officer’s testimony and chemical or breathalyzer test results.

Such evidence may be considered inadmissible in court and may be excluded from your trial as it originated from a violation of your constitutional rights. As a result, the prosecution may not have a solid case to prove your guilt beyond a reasonable doubt. It could see your DUI charges reduced or even dismissed, which is good news for you.

Protect your legal rights

If you believe your DUI stop was unlawful or the police violated your rights, seeking legal representation to help you understand your options and protect your rights is essential.

The legal technicalities of proving an unlawful stop can be complex, but with the necessary guidance, you can make the most out of the situation and boost your chances of a favorable verdict.