Fisher Law Office

Were there valid grounds for your DUI arrest?

The conviction of a crime can have a negative impact on multiple areas of your life. This also true with a DUI or DWI, whether it is your first offense or you have previous drunk driving convictions on your record. No matter your history, your future is always worth protecting, and you can do this by presenting a strong and well-prepared DUI/DWI defense against these charges. 

One of the most basic elements of a good defense is to carefully evaluate all of the details of your case, including the circumstances of your arrest. Police must have very specific reasons for placing a person under arrest, and without those reasons, the entire case against you may be invalid. If you suspect that you experienced a violation of your rights or there is a problem in the way you were treated, you can fight back.

Valid reasons for a DUI arrest

California police cannot pull a driver over without reason, nor can they arrest a person without having valid grounds to do so. It may be in your interests to learn about valid grounds for an arrest, which can help you see if yours was legitimate. Some of the most common reasons for taking a person into custody include the following:

  • There is probable cause to suspect criminal activity, such as witnessing a driver swerving or throwing an empty beer bottle out of a moving vehicle.
  • The police observed criminal activity, such as seeing a driver fail a sobriety test or seeing an open alcoholic beverage in a vehicle.
  • There are valid reasons to pull a driver over, such as seeing erratic driving, and upon interacting with the driver, seeing legitimate reasons to make an arrest. 

These are only a few of the valid reasons a police officer may have to stop a driver and place him or her under arrest. Without probable cause or evidence, an arrest may not be legitimate. 

How can you challenge your arrest?

If you believe that your arrest was unlawful, there are things you can do. You are entitled to challenge any violation of your constitutional rights, but this is not something you want to do alone. You will find it beneficial to speak with an experienced defense attorney as soon as possible after your arrest so that you can get started with your drunk driving defense plan.

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Fisher Law Office

1322 Morro Street
San Luis Obispo, CA 93401-4028

Phone: 805-706-0205
Fax: 805-542-0464
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