When Can I Be Pulled Over for DUI?
Warmer weather usually means more DUIs. The three major summer holidays (Memorial Day, Independence Day, and Labor Day) are all closely associated with drinking and driving. In between these holidays, alcohol often flows at summer parties.
Fortunately, police officers cannot rely on the thermometer and their own “gut feelings” when they pull people over for DUI. Instead, an officer must have reasonable suspicion of criminal activity. Reasonable suspicion is basically an evidence-based hunch. The reasonable suspicion standard applies at both phases of a DUI stop. More on that below.
If the police officer lacked reasonable suspicion, a Leesburg criminal defense lawyer can get the stop, the arrest, and the case thrown out of court. Alternatively, an attorney leverages a reasonable suspicion argument during pretrial settlement negotiations to obtain a more favorable plea bargain agreement.
Either way, reasonable suspicion issues put a Leesburg criminal defense lawyer in the driver’s seat, in terms of case resolution.
Initial Stop
During a trial or hearing, one of the most important questions that a Leesburg criminal defense lawyer asks the arresting officer is “What first drew your attention to the defendant’s vehicle?” Reasonable suspicion is an evidence-based hunch, not a hunch justified by evidence. If the officer gets the cart before the horse, reasonable suspicion is an issue.
Usually, a DUI traffic stop begins with an unrelated and seemingly innocuous incident, like a traffic violation. A moving or non-moving violation is sufficient. Moving violations go well beyond things like speeding, failing to signal, and ignoring a traffic control device. Moving violations also include obscure infractions, like failing to stop before exiting a private driveway or changing lanes too close to an intersection.
As a rule of thumb, even the most careful driver cannot go more than two or three miles without breaking at least one traffic violation. 31 in a 30 is a traffic violation. So is coasting through a stop sign and, well, you get the idea.
Additionally, the traffic violation may occur before the driver puts the vehicle in gear. Obvious non-moving violations include expired tags, improper window tint, and expired inspection stickers. Non-obvious ones include a dangling article, like an air freshener, that obscures the driver’s view and a license plate frame that obscures the information on the plate. The law requires 100 percent visibility. 99.9 percent visibility is therefore illegal.
DUI Investigation
Before an officer asks a driver to step out of the car, perform field sobriety tests, and provide a chemical sample, the officer must have reasonable suspicion to believe the driver is intoxicated. The same standard, an evidence-based hunch, applies. The evidence includes:
- Odor of alcohol,
- Bloodshot eyes,
- Slow reflexes,
- Slurred speech, and
- A nervous disposition.
The evidence in a DUI-drug traffic stop is usually limited to bloodshot eyes and an unusual or nervous disposition.
That nervous disposition is especially important when the officer asks the million-dollar question “Have you been drinking?” The answer isn’t nearly as important as the format of that answer.
This physical evidence is also admissible at trial as evidence of intoxication. This evidence alone usually cannot establish intoxication as a matter of law. But this evidence is definitely a brick in the wall.
Contact a Tough-Minded Loudoun County Lawyer
Many criminal charges don’t hold up in court. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. We routinely handle matters throughout Northern Virginia.
This memorandum is provided for general information purposes only and is not a substitute for legal advice particular to your situation. No recipients of this memo should act or refrain from acting solely on the basis of this memorandum without seeking professional legal counsel. Simms Showers LLP expressly disclaims all liability relating to actions taken or not taken based solely on the content of this memorandum.
Source:
tmpa.org/tmpa/tmpa-news/Articles/Reasonable_Suspicion_and_the_Investigative_Traffic_Stop.aspx?WebsiteKey=6d64a7a3-39ad-4f74-b699-fe7ecb77724a
