A DUI traffic stop is the pulling over a vehicle by law enforcement which leads to a DUI arrest. There must be a reason or probable cause for an officer to pull someone over. There are driving patterns which violate traffic laws and tend to be more prevalent with drivers under the influence of drugs or alcohol. These violations include things like weaving, driving on the shoulder, crossing lane lines, driving in bike lanes and driving well under the speed limit. Most of these violations late at night and early morning are more likely with a “drunk driver”.
The DUI traffic stop could be for an equipment violation like a taillight or headlight out, expired registration, no front plate, tinted windows or any fix it violation. Any moving violation can justify the stop, littering, failure to use a turn signal and any other mover. Whatever the reason, it is the officers observations when he approaches the driver for registration and insurance that justify further investigation. There he can smell ther odor of alcohol, notice objective symptoms of impairment like slurred speech, coordination issues, or any viisble symptoms of mental or physical impairment. It is those observations which lead to the next link in the arrest, field breath test, field sobriety test, and answers to questions concerning alcohol or drug use.
It is the combination of all of these things which lead to the arrest, testing and charges of DUI being filed. Usually the person arrested is not cited for the underlying probable cause violation, they are just charged with DUI. In negotiating or trying these cases, it is better to have stop for something other than a serious moving violation. There are other reasons for contacts where the vehicle is already stopped, like an accident or pulled over on the shoulder. Welfare checks on drivers or accident investigations can justify the contact. The probable cause for the stop is an important consideration in defending a DUI case. Contact the experienced DUI Attorneys at Christoph Law Offices for a free consultation at 760-670-3885. They have over 40 years and have handled 3000+ DUI cases and are located directly across for the Vista Courts and have been for over 30 years.
