I think my DUI arrest was illegal. Do I have any options?

Unlawful arrests are more common than one might think, especially in DUI arrests. Fortunately, there are certain loopholes in drunk driving laws that allow the victim of an unlawful DUI arrest to fight back and actually win. The following is some further information on these loopholes and your options if your DUI arrest was illegal. 

In order for an officer to stop a civilian there must be probable cause or an arrest warrant naming this person. Probable cause is strong suspicion this person has committed a crime. If there is no probable cause the stop is illegal. Probable cause in a DUI case could be swerving, driving left of center, etc. An officer also cannot search a vehicle without probable cause.

If there was no probable cause, your defense attorney can bring a motion to suppress any evidence which was obtained after the illegal stop. A motion to suppress, once granted, can exclude a breathalyzer, blood alcohol test, or any other type of testing that was done, and any statements you may have made after the stop. If you have been stopped at a roadblock and it is not legally set up this can also be a defense to which a motion to suppress evidence would apply. 

Illegal arrests violate a person's Fourth Amendment rights and are taken seriously by the judicial system. This is why the motion to suppress is available to victims of this violation.