Most arrests for driving under the influence (DUI) occur following a traffic stop. The police will typically pull over a driver after observing a moving violation and suspect that they are under the influence of drugs or alcohol. This suspicion may be due to visible signs such as slurred speech, erratic driving, or noticing an open container in the vehicle.
If you were arrested after a DUI stop, you have the right to defend yourself against the charges. With the help of vigorous legal counsel, you could avoid a conviction or achieve the best possible outcome for your case. Consult our skilled DUI attorneys today to learn more about DUI stops in Junction City.
Police in Junction City make DUI stops every day. However, they do not have the right to pull over a car unless they have a legitimate reason. Without grounds for an arrest, a police officer can only pull over a driver if they have a reasonable suspicion that the individual has committed a crime.
The most common reason why police often stop drivers is because of traffic violations, such as speeding, failing to yield the right-of-way, or running a red light.
If the police pull a driver over and suspect that they are intoxicated, they can then arrest them for DUI and expand the scope of their investigation.
Aside from moving violations, DUI stops can occur for several reasons in Junction City. For instance, law enforcement is permitted to operate sobriety checkpoints under certain circumstances, allowing officers to investigate DUIs without needing reasonable suspicion. While this might seem like a violation of the driver’s rights, it is authorized under state law and the Constitution.
However, checkpoints must follow specific guidelines. Police must either stop every car passing through or use a set pattern to avoid arbitrarily selecting drivers to investigate. While police officers do not have the right to search the vehicle, they may engage with the driver to assess for signs of impairment.
When the police lack reasonable suspicion to pull over a driver, they violate the person’s constitutional protections against unlawful searches or seizures. This can substantially impact a case involving DUI traffic stops in Junction City, as any evidence collected during the arrest may be excluded in court.
A defense lawyer could file a motion to exclude this evidence based on a legal standard called the “fruit of the poisonous tree.” Under this doctrine, any evidence obtained illegally cannot be used in criminal proceedings.
The list of potentially excluded evidence is extensive and may include any statements made during the stop, such as an admission of drinking. Most importantly, any breath, blood, or urine test results may not be allowed as evidence at trial. This is crucial because these results are often central to the state’s case.
If you have been arrested following a DUI stop, you should contact an attorney as soon as possible. With the right legal counsel, you may be able to secure a favorable outcome in your case. They could review the details of your DUI stop and challenge the legality of the traffic stop or work to exclude illegally obtained evidence.
Do not attempt to handle your DUI charge on your own. Without a thorough understanding of DUI laws and criminal procedures, you risk jeopardizing your case. Retain our diligent lawyers after DUI stops in Junction City today.
