man in handcuffs standing next to car

How Do I Know If My DUI Arrest Was Legal?

Police officers are required to follow specific protocols to make an arrest. In cases where they vary from the requirements, the arrest may be considered illegal.

Signs A DUI Stop Was Illegal

Even before being arrested, you may be the victim of an illegal stop. The police are only allowed to stop a driver for valid causes. Generally, these are either traffic or vehicle violations.

For example:

  • Broken head or tail lights
  • Expired inspection or registration
  • Speeding
  • Running through stop signs
  • Generally unsafe driving behavior

These are all valid reasons for a traffic stop to begin. However, some officers stop drivers even if they have not done any of the above.

Signs A DUI Arrest Was Illegal

For the police to make an arrest, they must have probable cause. This is the critical necessary component. Probable cause for a DUI arrest could be breathalyzer results, field sobriety test results, driver admission of guilt, or any other evidence that points to the law being broken. If they were not able to establish probable cause during the traffic stop, then they are not legally justified in making an arrest. Unfortunately, some officers still go through with an arrest even if they do not have probable cause.

As the case progresses, you can work with your defense attorney to prove that the officer did not have valid reasons for your stop and arrest.

DUI Defense in Rancho Cucamonga

If you are unsure about whether or not your DUI stop and arrest was legal, reach out to our team at Newman & Allen. Once we learn more about your case, we can determine if there were any breaches of protocol during your stop and arrest. If there were, we can work with you to compile evidence of the misconduct and fight for your case to be dismissed or your charges to be dropped. Get started with our team today and call (909) 328-6101.