DWI Police Stop
Were you recently pulled over on suspicion of driving while intoxicated (DWI)? If so, you need to contact an experienced DWI defense attorney as soon as possible. Your attorney can review the facts of your case to determine if the police stop was valid. And, if the DWI police stop was unlawful, it is possible that your charges may be minimized or dismissed altogether.
In order to make a traffic stop, the police officer must have probable cause to believe a driver is under the influence of alcohol and/or drugs. Probable cause is more than just a suspicion that the driver is intoxicated—there must be a sufficient reason to assume this. Certain behaviors may indicate drunk driving, such as failing to maintain lanes, driving too slowly or violating traffic laws.
In some areas, police may wait until after area bars begin closing to pull people over, on the chance that the driver may be impaired. This is not sufficient cause to make a traffic stop; in fact, it is unconstitutional.
If you were pulled over for an unrelated issue, such as a broken taillight, the officer must have probable cause before he or she can begin a DWI investigation. Open alcohol containers on the floorboard or the smell of alcohol can give the officer probable cause to begin a drunk-driving investigation. The officer may also state that your appearance (i.e., bloodshot eyes, slurred speech, etc) gave him or her reason to believe you were intoxicated.
The penalties for a DWI conviction are serious. Even if this is your first brush with the law, you may be sentenced to jail time, probation, fines, and you may lose your driving privileges. Habitual offenders face increased penalties.
However, being charged with DWI doesn’t necessarily mean you will be convicted. An experienced defense lawyer can discuss your case with you to determine if there was probable cause for the DWI police stop. If the attorney can prove that the stop was unlawful and your constitutional rights were violated, the judge may dismiss your case.
Are you ready to fight your drunk-driving charges? Contact an attorney in your area today!