When should you challenge a DUI stop?

Driving under the influence (DUI) allegations are among the most serious traffic infractions prosecuted by the state. People accused of drunk driving don't just receive tickets like people accused of speeding. Instead, they are often subject to arrest and may face criminal prosecution.Depending on the driver's history and the circumstances leading to their arrest, drivers could face misdemeanor or even felony charges when accused of drunk driving. Motorists accused of DUI offenses have the right to defend against those allegations. One of the more viable strategies used when fighting DUI charges relates to challenging a traffic stop that has led to the driver’s arrest.When can challenging the legality of a traffic stop potentially help a motorist avoid a DUI conviction?

When an officer lacked probable cause

Police officers have to follow best practices when enforcing the law. They have to follow the law themselves and respect the civil rights of the people they encounter. Stopping a driver is a significant inconvenience. As such, police officers generally need a valid reason to conduct a targeted traffic stop.They typically need to have probable cause to believe that a traffic violation occurred. Probable cause involves an officer having an articulable suspicion of a specific criminal activity. Officers can pull people over for swerving over the center line, braking without reason or failing to use their turn signals.Police officers cannot pull someone over for driving in a high-crime neighborhood or having an older, poorly maintained vehicle in an affluent area. Racial profiling is also not a valid reason to initiate a traffic stop.If officers do not inform drivers of a viable reason for pulling them over initially, anything they find that leads to suspicion of a DUI offense might not be admissible during criminal proceedings later. An attorney could ask the courts to eliminate certain evidence obtained during a traffic stop by showing that an officer violated a driver’s civil rights.Challenging the validity of a traffic stop could lead to the courts excluding all evidence collected during that stop from criminal proceedings. It may be possible to secure the dismissal of DUI charges by challenging a traffic stop.Reviewing what happened prior to a DUI arrest with a skilled legal team could help a driver evaluate their options. In some cases, showing that an officer conducted an unlawful traffic stop could play a critical role in a DUI defense strategy.