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.