Operating a motor vehicle under the influence endangers lives. Since the consequences of drunk driving can be tragic, there are strict laws in place to discourage such wrongdoing.
Nevertheless, officers must adhere to strict legal standards when dealing with suspects. DUI stops that violate these rules create significant questions about the legitimacy of charges.
What makes a DUI stop unlawful?
For a DUI stop to be legal, an officer must have a valid reason to believe a driver is under the influence. Suspicion can arise from observing behaviors such as swerving, speeding or running red lights. Stops due to a hunch, without any observable evidence of impaired driving, go against the explicit training of law enforcement.
The outcome of an unlawful stop
An illegal DUI inspection undermines the validity of subsequent legal proceedings. Evidence from such an encounter, including breath tests and field sobriety exams, may be inadmissible in court. A judge could eventually dismiss charges against a driver if the stop violates constitutional protections against unreasonable searches and seizures.
A driver’s behavior during a stop
Operators must always produce their licenses and registrations upon request. However, they also have a prerogative to refuse questions that may be incriminating. Citizens should request a blood draw instead of a roadside sobriety test, which can be subjective and unfairly influence an officer’s report.
Understanding checkpoints
DUI checkpoints are an exception to the rule requiring reasonable suspicion. Despite this, they must adhere to specific criteria. There has to be a public announcement beforehand and they need to use a neutral formula for stopping vehicles. Any deviation from these mandates can render the checkpoint invalid.
Proof of procedural errors during DUI stops provides a legal buffer against accusations of drunk driving. Nonetheless, safe driving practices remain the best defense.
