Most DUI arrests begin with what seems like a routine traffic stop by law enforcement that quickly escalates into something far more serious. One moment a person is driving, and the next they’re stopped, questioned and possibly facing a DUI charge that can carry lasting consequences.
What many drivers don’t realize is that not every DUI stop is lawful. Police officers must follow the correct process when pulling someone over on suspicion of driving under the influence and gathering evidence. Otherwise, it may amount to an illegal stop, which can significantly weaken the case against the driver. Here are two things that make a DUI traffic stop illegal in California.
Lack of reasonable suspicion
Law enforcement must have reasonable suspicion to initiate a traffic stop. This means the officer must point to specific, observable facts suggesting that a driver is impaired or breaking the law. This could be erratic driving, such as swerving between lanes, running a red light or driving at noticeably inconsistent speeds.
If the traffic stop was simply based on a hunch or other subjective factors like a driver’s appearance or the type of car they have, it’s generally not enough to justify a lawful stop.
Improper DUI checkpoints
DUI or sobriety checkpoints are planned, lawful roadblocks where law enforcement officers stop vehicles randomly to identify impaired drivers. Such checkpoints are allowed in California, but they must follow strict guidelines. If a checkpoint doesn’t follow the proper procedures or the stops aren’t conducted correctly, it may be considered unlawful.
Why this matters for your defense
As mentioned, an illegal DUI stop can undermine the prosecution’s case. The evidence obtained from the stop may be suppressed or excluded since it was obtained unlawfully. Without key evidence, proving a driver’s guilt beyond a reasonable doubt can be difficult.
If you are facing a DUI charge, seeking legal guidance is in your best interests. A qualified review of the facts of your case can help identify such violations and challenge improperly obtained evidence. This can go a long way in strengthening your defense and making a difference in the outcome of your case.