Can a DUI Traffic Stop Be Successfully Challenged?

Car Accident Lawyers

When flashing red and blue lights appear in the rearview mirror of a motorist’s vehicle, the first instinct that motorist may have is panic. Even if he or she does not have any idea why a law enforcement officer is making a traffic stop, a fairly primal fight or flight instinct may take hold. This reaction to a traffic stop is completely normal. But it is important to remember that because traffic stops may be successfully challenged under a host of different circumstances, it is generally a good idea to avoid panicking. Respecting an officer’s instructions and remaining safe should be your top priorities. Once a stop has occurred, whether or not you have been officially arrested or accused of wrongdoing, you can then reach out to an attorney for necessary legal guidance and support.

Challenging a DUI Traffic Stop

Before a law enforcement officer may legally pull over a driver he or she suspects is driving under the influence or is driving while impaired, that officer must have reasonable suspicion that the motorist is engaging in criminal activity. Without reasonable suspicion, the traffic stop itself may be challenged, even if the motorist was, in fact, drunk or otherwise impaired while operating the vehicle in question. Only stops that are initiated legally may result in lawful criminal charges. Stops that are initiated illegally may generally be challenged successfully.

It is important for individuals who believe they may have been stopped illegally to work with an experienced criminal defense attorney. Strong prosecutors will argue that the results of even illegal stops should be honored, so constructing a solid criminal defense strategy is a must.

It is also worth noting that even legal DUI traffic stops may be successfully challenged under certain circumstances. For example, if you were given a breath test in the field and the device used to conduct the test was not properly calibrated, it may be possible to render the results of that test inadmissible in court. Without solid evidence of intoxication, it is difficult to convict someone of a DUI. Similarly, if an officer was not properly trained to give a breath test in the field, the results of any test taken may similarly be rendered inadmissible. Experienced criminal defense attorneys may use any number of tools and resources in order to successfully challenge a DUI traffic stop.

Legal Guidance Is Available

If you have recently been charged with impaired driving, please schedule a consultation with an experienced DUI attorney Washington, DC trusts as soon as you possibly can. While DUI traffic stops can be successfully challenged, it often becomes increasingly difficult to construct a strong legal defense as time passes after an arrest initially occurs. Speaking with an attorney about your situation as soon as possible will help to ensure that evidence remains preserved, witnesses’ memories remain sharp and certain potential missteps may be prevented. The consequences of a DUI conviction may be severe, so please do not wait to connect with an experienced attorney and begin building your defense today.



Thank you to our friends and contributors at The Law Firm of Frederick J. Brynn, P.C. for their insight into criminal defense and DUI charges.