Illegal DUI Stops in San Diego: When Can Police Pull You Over?
Getting pulled over for a DUI in San Diego can be a stressful experience, but did you know that not all DUI stops are legal? If the police didn’t have a valid reason to stop you, any evidence collected—including field sobriety tests and Breathalyzer results—could be challenged in court. Understanding your rights and knowing when a DUI stop is illegal can help you fight back against unfair charges.
What Gives Police the Right to Stop You for DUI?
Under California law, a police officer must have reasonable suspicion that a crime or traffic violation has occurred before pulling over a vehicle. When it comes to DUI stops, this means an officer must observe signs of impaired or reckless driving, such as:
- Swerving between lanes
- Excessive speeding or driving too slowly
- Running a red light or stop sign
- Frequent braking for no reason
- Failing to use turn signals
- Driving without headlights at night
Common Reasons DUI Stops Are Considered Illegal
While law enforcement officers are trained to detect impaired driving, mistakes happen. Here are some of the most common reasons why a DUI stop might be illegal:
- No Reasonable Suspicion
- Pretextual Stops & Racial Profiling
- DUI Checkpoint Violations
- Anonymous Tips Without Corroboration
- Prolonged Detention Without Cause
What Happens if a DUI Stop Was Illegal?
If your DUI stop was unlawful, any evidence obtained after the stop—including field sobriety tests, Breathalyzer results, and officer observations—could be suppressed in court. This means the prosecution may not have enough evidence to convict you, leading to a dismissal or reduction of charges.
How to Challenge an Illegal DUI Stop in San Diego
If you believe your DUI stop was unlawful, here’s what you need to do:
- Hire an Experienced San Diego DUI Lawyer
- File a Motion to Suppress Evidence
- Challenge the Officer’s Justification for the Stop
Facing a DUI in San Diego? We Can Help!
If you’ve been charged with a DUI in San Diego County and suspect the stop was illegal, don’t fight it alone. San Diego DUI lawyer, Rick Mueller, has a proven track record and will help you get the best possible outcome for your specific situation.