Beat a DUI: Unlawful Arrest

Unlawful arrest is something that unfortunately occurs too frequently and many civilians are unaware of their rights and face conviction due to an unlawful arrest. One area this happens in is a DUI conviction. Many people will plead guilty to a DUI without knowing they can fight it due to their unlawful arrest. Below is further information on how to beat a DUI for unlawful arrest. 

Driving Under the Influence (DUI)

A DUI is simply being caught for driving under the influence of alcohol. The legal limit of alcohol found in the blood in all states is .08, this means if you are caught with .08 or more in your system while driving you will be charged and can face serious punishment. These punishments include fines, jail time, license revocation, rehabilitation programs, special colored license plates and possibly probation. Repeat offenders of DUIs face penalties on a growing scale, as in the more offenses the worse the sentence.

Unlawful Arrest

Unlawful arrest occurs when a police officer has arrested and detained a person without probable cause or an arrest warrant from a qualified court naming this individual. In order for a stop or search to occur the officer must have probable cause, evidence or a strong suspicion, that this person has committed a crime. In regards to a DUI an unlawful arrest is usually due to no probable cause to stop or search. For instance, there must be some sort of evidence that this person is driving under the influence, an officer cannot stop and test an individual simply because they want to. If there was no probable cause for the stop, such as swerving or driving erratically, the defense may be able to beat a DUI charge.

Motion to Suppress  

A motion to suppress is sent up to the judge by the defense to request the court suppresses evidence that was obtained illegally. In the case of a DUI charge with an unlawful arrest, any evidence obtained after the illegal stop would be suppressed, such as any results of the tests done to determine the individual was under the influence, and even an admission of guilt can be suppressed. If a motion to suppress is granted the prosecutors case is substantially weakened, and often the charges will be dropped.

Legal Help

If you or a loved one feels that you were a victim of unlawful arrest and are attempting to beat a DUI charge it is important to contact a qualified defense attorney in your area. An attorney will be able to determine if you were unlawfully arrested and provide you with the best defense possible to beat a DUI.