What can I do if the police did not have probable cause to stop me for DUI?

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If it is clear that an officer did not have probable cause to stop you for a DUI, you can likely have the evidence against you thrown out in court. This will result in you not being charged, as officers are expected to undergo a certain process before pulling anyone over. If you believe that the probable cause to stop for DUI was missing in your case, get a lawyer so that you can start building your defense.

Know the Rules for Officers

The majority of states require that all police officers can only stop drivers if they have reason to believe that a crime has been committed or perhaps will be committed soon. The officer must be of sound mind at the time, as a paranoid or intoxicated officer is not a reliable source. This prevents cases from coming up that involve discrimination, such as the officer pulling over drivers just because they are a certain race, age or sex. It also stops drivers from being harassed simply due to people who do not like them, as they cannot pull people over based on a tip from a citizen. They must either witness a crime or witness the makings of a crime about to occur.

Hire a Lawyer to Get the DUI Thrown Out

Thus, if you were not swerving, drinking while driving, or doing any other action that would make it obvious that you were driving under the influence, there was likely no probable cause to stop you for a DUI. This means that even if you failed the field sobriety test, breathalyzer or blood test, it doesn't matter since the evidence will be thrown out if the officer did not act according to the rules. Contact a lawyer who deals with DUI cases to begin proving the fact that there was no probable cause to stop for a DUI in your case.


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