A DUI stop is in two parts: the stop and the investigation. Sometimes an officer will stop you for a traffic infraction such as having a headlight out or running a red light. If after pulling you over for a traffic violation they feel you are impaired, they will start a DUI investigation. Sometimes an officer will pull you over only because they want to conduct a DUI investigation.
To conduct a traffic stop, an officer must have a legitimate reason. You must have actually broken a traffic law. Such as speeding or running a stop sign. This is usually easy for the state to prove. But sometimes the officer makes a mistake and the stop itself can be challenged.
In order to start a DUI investigation, an officer must have a reason to suspect that you are under the influence of drugs or alcohol. Factors that an officer takes into account include:
- Driving Pattern
- Were you speeding or going to slow?
- Were you weaving in and out of your lane?
- Did you stop in the middle of the road?
- Did you run a red light or stop sign?
- Physical Characteristics
- Were you slurring your speech?
- Did you answer questions appropriately?
- Could you find your license and/or registration without fumbling?
- Were your eyes bloodshot & watery?
- Did you smell like alcohol?
- Environment
- Were there open containers of alcohol in the car?
- Were you coming from a bar or place that serves alcohol?
- Time of day.
These are only some of the factors an officer considers when he starts a DUI investigation. Of course, there are perfectly innocent explanations for all of these things. Were you adjusting the radio or texting? Or maybe just not paying attention? Do you work the night shift or have allergies? Could you not find the insurance card because the car was not your own?
The trained attorneys of Finebloom & Haenel know how to challenge your traffic stop. They question whether the officer had a reason to start a DUI investigation. If the officer did not have a reason to investigate you, they will file the necessary motions to have the stop suppressed. Successfully challenging the stop can lead to a dismissal of your case. Don’t delay. Call us now at 407-218-6277 to discuss the possible defenses you have in your case!
