You are driving home after having a couple of drinks, and you know you aren't impaired. You are driving safely and carefully. However, you are stopped and end up with a DUI charge. In this scenario, there are some sound reasons to believe that you will have a good defense.

Reasonable Suspicion Needed For A Stop

According to a Supreme Court precedent, the police need a reasonable suspicion that the person is committing an infraction or is engaged in criminal activity in order to make a traffic stop. This suspicion should be based on more than just a hunch, but needs to be based on articulable facts. If you were following all the traffic laws and not weaving around or otherwise driving suspiciously, there probably wouldn't be any grounds to pull you over. 

Probable Cause Needed For Continued Detainment, Search, and Seizure

Once you have been pulled over, you will be detained until the officer says you can leave. To continue this detainment (after a brief questioning) for a prolonged period of time and to conduct any searches or seizures, the officer needs probable cause according to the Fourth Amendment to the Constitution. This requirement of probable cause can be applied to detainments and being taken into custody since not being free to do what you want is considered a seizure of your person.

To establish probable cause an officer requires facts and evidence that would lead any reasonable person to believe a crime is being perpetrated. For example, if you were slurring your words or had an open container of alcohol in plain sight, this would provide probable cause for a DUI.

The Exclusionary Rule Can Be Used to Assert Your Rights.

To help you assert your rights, your defense lawyer will file motions to suppress the evidence through what is called the exclusionary rule.

If it can be shown that you were stopped, detained, and/or searched unfairly, and you have witnesses that can corroborate your assertions, a judge may rule that the stop was unconstitutional. Any evidence following the stop, such as the results of a field sobriety test, may be inadmissible in court.  Blood alcohol level and breathalyzer tests are a type of search and also require probable cause for the results to be admissible.

A Consultation with a Lawyer is a Good Idea.

A conviction for a DUI charge can result in a suspension of your driving privileges for six months or more, negatively affect your employment or job prospects and also result in jail time, probation and/or fines. You would be wise to contact a criminal defense attorney for specific legal advice on your case if you get charged. Click here for help with a DUI in the St. Charles area.