In order to be lawfully arrested for driving under the influence of drugs and/or alcohol, the law enforcement official must have a legitimate reason for stopping you to begin with. If the actual act of pulling you over or the subsequent drunk driving arrest was carried out in an illegal manner, all evidence gathered after the stop, including any test results, can potentially become invalidated.
If you have been arrested for driving under the influence, our drunk driving lawyers will aggressively challenge both the stop and the actual DUI arrest. Constitutional protections in a drunk driving case and the Fourth Amendment of the U.S. Constitution provides protections against both unreasonable stops and unlawful arrests. For example, a police officer is not allowed to simply pull someone over because they have a suspicious “feeling” about that individual. The driver must have actually been demonstrating suspicious or dangerous activity, such as reckless driving, excessive speeding, running red lights or swerving.
Did you know?
Unfortunately, in many cases involving unlawful arrests, a police officer will lie to protect him or herself.
They will not state their real intent of pulling that individual over, and may say you were driving recklessly when you really weren’t.