When Can a Police Officer Pull You Over for DUI? – California Vehicle Code 23152
When you are arrested for driving under the influence, the first step in making a defense is to look at the reason why the officer stopped your vehicle. This information will be indicated in the police report. The police report can be obtained by setting up a DMV Hearing or be given to you in court.
The police officer must have probable cause to pull you over. This means the officer must witness you violate a law. The police cannot simply state that they witnessed you driving drunk, because this determination is difficult to establish just by seeing bad driving. However, the officer can pull you over for violating any law, like weaving inside a lane, failing to signal, talking on your cell phone, speeding, etc.
The officer will then approach you in your vehicle and this is when the officer can make a determination that you are driving under the influence. The usual basis comes from smelling alcohol, seeing bloodshot watery eyes, and slurred speech. A DUI arrest will subsequently follow.
In putting on a DUI defense, the first thing to look at is whether there was enough probably cause to pull you over. You do this by observing any video or audio evidence to see whether the cop is telling the truth. Alternatively, you can cross-examine the officer to see if the police report matches up with testimony.
If you can prove that there was no probable cause for the initial stop, you may be able to get your case dismissed entirely despite a bad BAC result.
If you were arrested for a DUI, call the Law Offices of Nam Q. Doan | OC Legal Defense at (714) 248-DOAN (3626). I can defend your rights and get your case dismissed. For more information, visit www.OCLegalDefense.com and read the DUI section.
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