A traffic stop can happen quickly and leave a driver facing serious questions about what comes next. Even when a DUI arrest follows, the circumstances that originally led to the traffic stop may still matter.
The reasons an officer first pulled the driver over can affect everything that happens next. In some situations, an issue with the initial stop can become an important part of the case when the evidence from the traffic stop is challenged.
Why the initial stop matters
Police cannot stop a vehicle simply because an officer wants to see what the driver is doing. Generally, an officer must have reasonable suspicion that a traffic violation or other unlawful activity has occurred. Reasonable suspicion means the officer has specific, observable facts that support a reasonable belief that a law may have been broken. If there was not a sufficient legal basis for the initial stop, the legality of what happened afterward may also be challenged.
Typically evidence used in a DUI case is obtained only after the traffic stop takes place. For example, an officer may notice an odor of alcohol, ask the driver to perform field sobriety tests or request a breath or blood test after pulling the vehicle over. If the stop was unlawful, the defense can file a motion to suppress to prevent the court from using any evidence found during that stop.
An unlawful stop does not automatically mean that a DUI charge will be dismissed. However, it can give the defense an important basis for challenging the evidence gathered during the traffic stop. Looking at why the officer stopped the vehicle, what the officer knew at the time and what happened during the investigation can help determine whether the stop was legally justified.
If you have been charged with DUI, it may be worth taking a close look at how the traffic stop began, not just what happened after you were pulled over. A legal professional can review the circumstances of the stop and help you understand how to challenge your case.