Was My Dui Arrest Illegal

Our country's peace officers do a wonderful and courageous job of protecting us, and so they deserve our appreciation and gratitude. But that does not suggest that they're not susceptible to human error, or that they are always right. If you have been arrested for DUI or driving under the influence of alcohol or drugs while in the state of California, you are likely confused and scared. Should you be arrested, it may be life altering, and the loss in freedom may be an extremely tough concept to understand. Having a Sacramento DUI lawyer to review your arrest is very important, because it is sometimes the case that a DUI arrest was unlawfully executed. Let's look at DUI arrests in California a bit more closely, so that you can compare your arrest to what should/should not happen.

The Criminal Process of Driving Under the Influence

If you're charged with DUI, your initial criminal process begins when a field sobriety test is given, or if perhaps an officer thinks that there is probable cause to arrest you for DUI. Typically, the stop itself is quite often called into question when a DUI lawyer attempts to determine whether driving under the influence arrest was lawful. The law enforcement officer that stops you will need to have reason to do so, or he might be violating your civil rights. An arrest for driving under the influence can occur whenever:

- An officer observes you committing the crime of driving while impaired. A police officer has the right to pull you over and administer tests to discover if you're drunk or otherwise if he witnesses you driving in a suspect manner. For instance, if a law officer observes you driving in an erratic manner, then he has the authority to pull you over. Once he or she has administered standard field sobriety tests along with a breathalyzer test, and determined that you're over the legal limit to be driving, you may be arrested.

- A police officer has any reason to think you have committed the crime of driving under the influence. In cases like this, the officer must have probable cause and legal justification for your DUI arrest. If there are strong indicators that you're driving drunk, he then can take you into custody for DUI. For instance, if you are driving erratically and then the officer pulls you over on suspicion of DUI, and after that notices an empty liquor bottle in the seat beside you, and the smell of liquor in your breath. These observations constitute cause of the officer to ask you to take field sobriety tests. Depending on how you perform on those tests, the officer may have probable cause for his opinion that you're driving drunk, and you can be arrested.

Absent probable cause or sufficient evidence, your DUI arrest can be considered unlawful. Should you be truly pulled over for virtually no good reason, you may have a basis to have the charge dismissed from court, even if you were actually higher than the legal limit. Speak to your Sacramento DUI attorney to find out what your defenses are against an unlawful DUI stop.

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