Officers are supposed to have a reason to pull over a vehicle. The driver might have rolled through a stop sign, run a red light, or just sped down the road. However, they cannot pull over a vehicle without witnessing some sort of infraction. If someone is pulled over without a valid reason and ends up arrested for a DUI, the DUI defense attorneys in Tyler, TX can help them.
What Constitutes a Valid Stop?
An officer can stop a vehicle after they witness any infraction. This includes going over the center line, speeding, running a stop sign or a red light, or even driving too slow. The stop is valid if they pull over a person for any infraction, then decide to arrest them for a DUI and decide to not give the driver a ticket for the original infraction. Just because the driver did not receive a ticket doesn’t mean they did not commit a traffic crime; the officer may just decide to give them the DUI charge instead of a DUI and a ticket.
How Can a Stop Lead to a DUI?
When an officer stops a driver for a valid reason, they might notice signs that lead them to believe the driver has been drinking. This could include alcohol on their breath, slurred speech, or other signs of intoxication. At this point, the officer may ask the driver to complete field tests or to take a breathalyzer to determine if they’re over the legal limit for driving. If the officer decides the person is too intoxicated to drive, they can then arrest the driver.
What Can an Attorney Do About an Unlawful Stop?
If the officer did not have a valid reason to stop the driver before they arrested them for a DUI, the attorney may be able to argue this in court and have the charges dismissed. Whether this will be successful depends on a number of different factors, which the attorney will discuss with their client before doing anything.
If you’ve been arrested for a DUI and you believe the original traffic stop was unlawful, it’s a good idea to speak with DUI defense attorneys in Tyler, TX as quickly as possible for help. Take the time to contact the Law Office of Holmes & Moore P.L.L.C. now to discuss your case with an attorney. Like us on Facebook.
