Did police pull me over illegally?
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Did police pull me over illegally?

Getting pulled over for a DUI feels like the end of the world. However, you still have certain rights. According to Arizona Legislation, it is illegal for an alcohol concentration of .08 or more while driving. Even if you fail a breath test, you might have a defense case.

See below to learn more about illegal traffic stops and how they might prevent a DUI charge against you. DUI charges are far from predictable, so anything that helps your defense might swing the case in your favor.

What is an illegal stop?

The first thing to address is the legality of your traffic stop. Unfortunately, proving the unconstitutionality of the police’s actions is tough. Technically, police need probable cause to pull you over. However, they might use any minor traffic offense as an excuse to pull you over. This might be a broken taillight, driving over the speed limit or failure to signal. Police cannot use intuition or guesswork as a reason for pulling you over. So, if they cannot sight any reasonable suspicion before your traffic stop, the court might dismiss your case even with sufficient evidence of your intoxication.

What can I refuse?

Even if you suspect a police officer pulled you over illegally, it is in your best interest to comply with the officer to a certain extent. You do not have to submit to a field sobriety test or permit the search of your vehicle without probable cause. Arizona is also an implied consent state, so refusing a breath test may result in the automatic suspension of your license.

Always speak politely with police officers. You will not help your situation by arguing with them. Know what you can and cannot refuse and remain calm.

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FindLaw Network