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Can you prove your arrest is the result of an improper DUI stop?

On Behalf of | Jan 31, 2023 | DUI |

If you find yourself under arrest for driving under the influence of alcohol, it may seem like there is nothing you can do to defend yourself. The reality is that you likely do have options available to you, particularly if the charges against you are the result of an improper DUI stop.

While it is always advisable to be cooperative in the presence of law enforcement officers, it is important to understand that they must follow certain procedures when pulling a civilian driver over and conducting an arrest. By working with your legal team and learning more about what constitutes an improper DUI stop, you can strive to clear the charges against you if an officer’s actions are unlawful.

When can a police officer pull you over?

The Mississippi Bar explains that a minor can face fines when found to have a blood alcohol content exceeding .02, while any person with a BAC above .08 will face full adult DUI charges. However, an officer must have reasonable suspicion that illegal activity is taking place in order to rightfully perform a traffic stop. An officer can derive reasonable suspicion of a drunk driver by observing actions such as failure to signal or multiple near collisions.

How can you defend yourself after an improper stop?

It can seem difficult to prove that you are a victim of an unlawful traffic stop when it is your word against that of an officer. Your legal team can help you identify evidence that the officer is acting on a hunch or is guilty of acting with an unfair bias.

If your DUI arrest is the result of an improper traffic stop, it may be possible to fully clear the charges against you. Building a strong defense to prove your case can ensure a favorable outcome.