QUESTION
Is it legal if I'm pulled over and arrested for DWI without probable cause?
Asked on Jan 22nd, 2013 on DUI/DWI - Colorado
More details to this question:
I was pulled over for a license plate light but it turned out it was working. Then the officer arrested me for a DWI but I thought if he had no probable cause anything after the fact is inadmissible in court. Plus I was forced to take a BAC test. If I recall correctly, a BAC is not mandatory in cases without an accident or death, not a routine stop. On top of it during the BAC I was injured. Thank you for listening.
11 ANSWERS
John J. Carney
You are very wrong about everything that you believe is the law. First of all they can pull you over for any traffic infraction and will make one up if necessary. Second, you were not forced to take the test, they read you the DWI Refusal Warnings and you chose to take them. Third, they had probable cause to arrest you since they reasonably believed you were intoxicated. Retain a good criminal lawyer ands hope you get a DWAI violation if your BAC was under .18 %. If it was over that you will probably be convicted in most courts.
Answered on Feb 25th, 2013 at 5:08 AM
Michael J. Breczinski
First will be the issue of whether he had probable cause. That if he had reason to think you may be intoxicated (smell of alcohol, blood shot eyes, slurred speech, balance).If so he can require a Blood Alcohol Content test. Accident or death is NOT a requirement. Anyone who says so is crazy.
Answered on Jan 28th, 2013 at 10:10 AM
2 Awards
A police officer must have reasoable suspicion to make contact with you. If it turns out he was wrong, he must let you go. However, when he comes to your window and lets you know the reason for the stop and he smells alcohol, your eyes are bloodshot and watery, etc., that is probable cause. Chemical tests are not mandatory and are voluntary. But if you do not take one, your license may be suspended for one year for a refusal. If you feel there is no probable cause, you should get an attorney to fight.
Answered on Jan 24th, 2013 at 10:27 PM
Having a license plate light out is probable cause to pull you over. You need to hire a DWI lawyer to represent you.
Answered on Jan 24th, 2013 at 1:08 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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If the court determines that there was no probable cause to stop, all the evidence seized-including the BAC- would be suppressed for trial. You would be required to file a motion to suppress prior to the trial.
Answered on Jan 24th, 2013 at 1:07 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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The officer does need probable cause to pull you over. It can potentially be challenged at a suppression motion hearing. In California, if the officer has reasonable suspicion to believe you are driving under the influence, then there is a implied consent law for you to perform and complete a chemical test upon request, or else be charged with an enhancement refusal charge on top on the DUI.
Answered on Jan 23rd, 2013 at 11:20 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes ... Unconstitutional to be precise.
Answered on Jan 23rd, 2013 at 7:50 PM
They will get away with it if you have no lawyer. You need to hire a DUI specialist, and do it soon, because you have only 10 days to save your license.
Answered on Jan 23rd, 2013 at 7:45 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Probable cause is a very easy standard. From what you say, PC is established. You are right in that submitting to a BAC is not mandatory; however, if you refuse to do so, the Department of Licensing will suspend your license for a minimum of one year, even if you were found not guilty of the DUI. This is what is called the "Implied Consent Law", which means that if an officer has reason to believe you were drinking, which appears to be the case, and you refuse, DOL can suspend your license. That is a civil proceeding. This is based upon the fact that a drivers license is not a right, it is a privilege and in exchange for a license to drive on the roads of the state, you agree to submit to a BAC test, if requested by an officer.
Answered on Jan 23rd, 2013 at 7:40 PM
Yes, you can challenge that in court; but you need an attorney to prevent the court from asking you about your sobriety while you challenge probable cause.
Answered on Jan 23rd, 2013 at 5:45 PM
3 Awards
you may have stop and arrest issues if the stop is found to be illegal, all evidence that follows it must be suppressed - but the cop is still allowed to investigate that night you are allowed to refuse the BAC testing, but the cops do not have to tell you that - if you refuse, you can lose your license for a year regardless of your BAC.
Answered on Jan 23rd, 2013 at 5:42 PM