It happens more often than law enforcement would like to admit. People drive to a bar and park in the small lot next to the bar, or on the street near the bar. Parked outside, just up the street a little is a police officer, who is just waiting for patrons to walk out of the bar and drive home.

This "cherry picking" of DUI suspects is not condoned in the legal community, but unsuspecting bar patrons fall into this trap often. As the common story goes, a patron walks out of the bar and heads straight for their car.

The driver pulls out of the parking lot and within minutes, they see the red and blue lights flashing in their rear-view mirror. When they are arrested for driving under the influence, the police officer tells them, "I pulled you over because I watched you leave the bar and drive away in your car."

Did the officer have probable cause to stop you?

It may seem reasonable for officers to park outside of bars and wait for people to leave, but they are not supposed to do that. In order for an officer to pull you over, first they must have probable cause to believe that 1) you are driving under the influence, or 2) you committed a traffic violation.

Any of the following may give an officer probable cause to initiate a DUI traffic stop:

• Running a red light
• Weaving in between lanes
• Striking or almost striking an object
• Driving without headlights at night
• Receiving a 911 tip from another motorist

If the officer did NOT have probable cause to initiate a traffic stop, an attorney may be able to file a motion to suppress the evidence due to the illegal stop. Walking out of a bar is not probable cause to stop someone on suspicion of DUI.

If the judge agrees with your defense lawyer, your case could be dismissed. To explore your options, contact a DUI attorney right away!