The Law Office of Troy P. Burleson Articles Were You Arrested for DWI after an Unlawful Police Stop?

Were You Arrested for DWI after an Unlawful Police Stop?

By The Law Office of Troy P. Burleson  May. 6, 2013 9:53a

Police must follow specific regulations when it comes to stopping a vehicle or making an arrest. The officer must have probable cause for making a police stop and investigating a possible DWI. "Probable cause" can include a wide variety of things which may indicate that a driver is operating their vehicle under the influence of drugs or alcohol. Such actions may include driving too slow, drifting between lanes or over road markings, failure to stop at a red light or stop sign, slow to start after a light turns green, speeding, stopping or pulling over for unknown reasons, etc. If any officer believes that a driver is behaving erratically then he or she may be signaled to pull over so the officer can investigate further.

Sometimes authorities are alerted to a suspected intoxicated driver by a call made by another driver or a pedestrian. No matter what the caller says they saw the officer himself must observe suspicious driving behavior before conducting a stop. If you were stopped and arrested for driving under the influence without probable cause then you should speak with a DWI defense attorney right away.

What happens after you are pulled over?

Once the officer has decided to conduct a stop then he or she may request that the driver perform a field sobriety test. This can include the "one leg stand", "walk and turn" or "horizontal gaze nystagmus" test. The police officer may also have the driver perform a breathalyzer test to determine blood alcohol concentration (BAC). If the officer suspects that the driver is under the influence of drugs rather than alcohol then the driver is taken into custody and taken to a medical facility where a blood sample can be collected. The sample is used to test for narcotics.

Make sure your rights are protected!

My firm, the Law Office of Troy P. Burleson, focuses solely on DWI / DUI defense. I am dedicated to providing skilled and aggressive defense to each and every client whose case I take on. If you were charged with driving while intoxicated after an officer conducted an illegal police stop then the charges against you may be dismissed. I carefully study the case to find any rights violations or violations of standard procedure to ensure that my client is not unfairly charged with a crime. Contact my firm today to schedule an initial consultation on your case.

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