In today’s society, law enforcement in all states are vigilant in its pursuit of drunk drivers. The police officer’s first contact with a suspected drunk driver is when that driver’s car is pulled over. This is known as a motor vehicle stop, and when you have been drinking, this is when your heart stops.

It is important to know that with few exceptions, police officers may lawfully stop a vehicle in the following situations:

  • The officer observes the driver commit a motor vehicle violation
  • The officer, based on a “totality of the circumstances,” forms a “reasonable suspicion” that the driver is committing a driving under the influence (DUI) or driving after imbibing (DAI) violation or that some other criminal activity has occurred or is occurring
  • Pursuant to a lawfully executed sobriety checkpoint, commonly known as a “roadblock”

As a general rule, if one of these conditions is not met, the stop of the vehicle is unlawful and can be used a defense to the charge of DUI. Prosecuting attorneys will try to make a compelling argument that all of the conditions were met and that your stop was legitimate.

It is at this point that you need a skilled lawyer on your side to defend your rights, and hold both the court, and the prosecution to the law.

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