DUI Arrest Guidelines

Police officers must be very careful when making a DUI arrest. If an officer fails to abide by specific guidelines and regulations when making a DUI arrest, charges can frequently be overturned in court.

First of all, a police officer must have probable cause for pulling someone over that they suspect to be driving under the influence. If an officer cannot establish probable cause, such as reckless driving, then the amount of evidence that they'll be able to enter will be limited. Without probable cause, a cop can only enter into evidence what they observed at the scene chemical testing and other sobriety tests cannot be considered.

If the cop does have probable cause to pull over and detain someone suspected of drunk driving, they must also obtain substantial evidence that the person was in fact intoxicated while driving before they can arrest that person.

Arrests made for DUI without sufficient evidence of intoxication at the scene can result in evidence obtained later, such as the results of a blood alcohol test, being thrown out in court. Essentially, the prosecution must have a considerable case at each of the three stages of a DUI charge: stop, detention, and arrests. A lack of sufficient evidence at each stage can result in the suppression of further evidence from the following stages.

If you were recently arrested for DUI and believe that police officers did not follow appropriate protocol, contact the Law Offices of Virginia L. Landry now to have your case reviewed by one of our Orange County DUI attorneys.