Competent & Professional DUI Defense You cannot afford to risk losing your freedom and legal rights.

Will My DUI Case Be Dismissed if the Police Stop was Unlawful?

If you have been charged with driving under the influence (DUI) in Nevada, it is important to examine the circumstances under which you were arrested. Even if you had failed a breathalyzer test or submitting a blood sample that showed an alcohol concentration above the legal limit, you must start from the very beginning—which, in this case, would be the initial police stop. Under the law, a police officer is strictly prohibited from making a traffic stop without probable cause. This means that they must either witness you break the law or have sufficient reason to believe that you are breaking the law, thus prompting them to further investigate the issue. Since all citizens of the United States are protected from unreasonable search and seizures, it would be illegal for an officer to stop a driver without just cause.

Should they do so, any evidence that is collected thereafter would be inadmissible on the grounds that it was unlawfully obtained. For this reason, it is important that you know your constitutional rights if you have been pulled over on the suspicion of drunk driving. On the flip side, however, you must also understand that you could be arrested for DUI if you were stopped for an unrelated reason. If a law enforcement officer watched you run a red light, for example, they would have a justifiable reason to stop you. Although they may not initially suspect that you are driving under the influence, they can further investigate the matter if they notice obvious signs of intoxication and/or see an open container of alcohol in the vehicle. As such, it is highly recommended that you discuss your case with a Reno DUI lawyer if you are unsure of your rights.

At The Law Office of Walter B. Fey, we are dedicated solely to the practice of DUI defense. Over the last 25 years, our firm has assisted countless individuals in avoiding the serious ramifications of a drunk driving conviction, so you can rest assured that you are in competent hands when you come to us for help. Whether you have been charged with an underage DUI offense of you have been accused of "drugged driving," our Reno DUI attorney can provide you with the aggressive defense that you deserve. We will thoroughly investigate every facet of your case—from the initial police stop to the time that you were detained—to ensure that your rights were not violated. Should we discover any inconsistencies, you can count on us to move quickly and argue for the dismissal of your case. To learn more, call today at 1-888-339-4384.