DUI defense: Does the legality of your traffic stop matter?

On Behalf of | Oct 16, 2022 | Drunk Driving |

Your DUI arrest likely began when the police pulled you over. The legality of the traffic stop could form a crucial part of your defense. 

This is because the U.S. Constitution protects you from unreasonable searches and seizures by the police. If the police stopped you without valid legal reasons, it could amount to an illegal stop – and that can and should play into your defense.

When a traffic stop is against the law

The police need reasonable suspicion that a crime is in process at the time or has been committed when making a routine traffic stop. Minor traffic infractions or erratic driving could be a legal basis for a DUI stop.

However, the police cannot legally pull you over because of your individual traits, such as your race and gender. Without justifiable legal reasons, the evidence obtained from the stop may be admissible in court. 

What can happen next if a traffic stop wasn’t legal

Suppose the police violated your Constitutional rights by pulling you over without valid legal reasons. The court can exclude evidence acquired during that stop after a successful motion to suppress it. 

When this happens, the court will not use such evidence to determine the verdict of your DUI charges, and it could make a big difference in the outcome of your case.

Reach out for assistance

Establishing the legality of your DUI stop requires an extensive understanding of how the law works. Sometimes, there is a very slight difference between what is right and wrong. Therefore, it is advisable to seek legal help when crafting your defense, as it may boost your chances of a desirable outcome for your case.