The peace officers within this country do a courageous and wonderful job of protecting us, and they certainly deserve our gratitude and appreciation. But that does not imply that they are not susceptible to human error, or that they are always right. You are likely very scared and confused if you live in the state of California and have been charged with driving under the influence of drugs or alcohol, also referred to as DUI. If you are arrested, it may be life altering, and also the loss in freedom may be an extremely tough concept to understand. It's an essential thing to have a Sacramento DUI lawyer review the circumstances of your arrest, because sometimes it is found that a DUI arrest wasn't lawfully executed. Let's look at DUI arrests in California a bit more closely, so you can compare your arrest to what should/should not happen.
The Criminal Process of Driving Under the Influence
The primary criminal process for anyone charged with DUI begins when field sobriety testing is administered, or when an officer believes that he or she has probable cause to affect a Dui arrest. Typically, the stop itself is quite often called into question whenever a DUI lawyer attempts to decide if driving under the influence arrest was lawful. When the law enforcement officer that has stopped you doesn't have a reason to do so, he then might well be violating your civil rights. An arrest for driving drunk can occur whenever:
- A police officer observes you committing the crime of driving while impaired. When an officer of the law witnesses you driving in a suspicious manner, he has got a right to pull you over and to administer tests to ascertain if you're sober or otherwise. For instance, if you're driving erratically, and a law officer observes your erratic driving, then he can pull you over. Once he has administered standard field sobriety tests and a breathalyzer test, and determined that you're over the legal limit to be driving, you'll then be arrested.
- A police officer has reason to believe you have committed the crime of DUI. If this is the circumstance, then the officer must have legal justification and probable grounds for the DUI arrest. He's allowed to take you into custody for DUI if there are actually any strong indicators that you have been driving intoxicated. For instance, if you are driving erratically and the officer pulls you over on suspicion of DUI, and then notices an empty liquor bottle in the seat beside you, and the odor of liquor in your breath. These observations constitute cause of the officer to ask you to take field sobriety tests. Based on how you carry out the tests, the officer actually may have probable cause for the opinion that you have been drunk driving, and he may arrest you.
Absent probable cause or sufficient evidence, your DUI arrest can be considered unlawful. If you've been truly pulled over for absolutely no great reason, you may have a basis for having the charge dismissed from court, even though you were actually above the legal limit. Speak to your Sacramento DUI attorney to find out what your defenses are against an unlawful DUI stop.
The Criminal Process of Driving Under the Influence
The primary criminal process for anyone charged with DUI begins when field sobriety testing is administered, or when an officer believes that he or she has probable cause to affect a Dui arrest. Typically, the stop itself is quite often called into question whenever a DUI lawyer attempts to decide if driving under the influence arrest was lawful. When the law enforcement officer that has stopped you doesn't have a reason to do so, he then might well be violating your civil rights. An arrest for driving drunk can occur whenever:
- A police officer observes you committing the crime of driving while impaired. When an officer of the law witnesses you driving in a suspicious manner, he has got a right to pull you over and to administer tests to ascertain if you're sober or otherwise. For instance, if you're driving erratically, and a law officer observes your erratic driving, then he can pull you over. Once he has administered standard field sobriety tests and a breathalyzer test, and determined that you're over the legal limit to be driving, you'll then be arrested.
- A police officer has reason to believe you have committed the crime of DUI. If this is the circumstance, then the officer must have legal justification and probable grounds for the DUI arrest. He's allowed to take you into custody for DUI if there are actually any strong indicators that you have been driving intoxicated. For instance, if you are driving erratically and the officer pulls you over on suspicion of DUI, and then notices an empty liquor bottle in the seat beside you, and the odor of liquor in your breath. These observations constitute cause of the officer to ask you to take field sobriety tests. Based on how you carry out the tests, the officer actually may have probable cause for the opinion that you have been drunk driving, and he may arrest you.
Absent probable cause or sufficient evidence, your DUI arrest can be considered unlawful. If you've been truly pulled over for absolutely no great reason, you may have a basis for having the charge dismissed from court, even though you were actually above the legal limit. Speak to your Sacramento DUI attorney to find out what your defenses are against an unlawful DUI stop.
About the Author:
If you have been charged with Driving Under the Influence and need a trustworthy Sacramento DUI attorney then call the Law Offices of Brianne Doyle at 916-806-6400. She's a capable Sacramento criminal defense lawyer and can give you the representation you need.
