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Can you prove your DUI charge resulted from an unlawful stop?

On Behalf of | Oct 12, 2023 | DUI Defense

When facing a DUI charge, it is in your best interests to explore every possible defense strategy. One avenue to consider is whether your arrest resulted from an unlawful stop by law enforcement officers.

You can give yourself the best chance at an acquittal by learning more about how you can demonstrate that the stop leading to your DUI charge was unlawful.

Reasonable suspicion

The key question is whether the officer had reasonable suspicion to stop your vehicle. Law enforcement officers must have a valid reason to initiate a traffic stop. Examples include observing a traffic violation or suspecting criminal activity. If they lacked reasonable suspicion, your stop might be unlawful.

No valid reason for the stop

To prove that there was no valid reason for the stop, you can gather relevant evidence. This might include eyewitness testimonies, surveillance footage or even the officer’s testimony. If none of these sources corroborate a valid reason for the stop, it could support your claim of an unlawful stop.

Inadmissible evidence

If the stop leading to your DUI charge is unlawful, any evidence obtained during the stop may be inadmissible in court. This means that prosecutors cannot use evidence like blood alcohol content results, field sobriety tests or any statements you made during the stop against you.

The latest reports from the Colorado Department of Public Safety suggest that there are over 26,000 DUI arrests in the state every year. While cracking down on dangerous driving behaviors is an important duty, the reality is that many of these arrests could be the result of unlawful traffic stops.