Unlawful Police Stops in DUI Cases

Aggressive Atlanta DUI Representation at Thomas & Willis, LLC

The line of defense that could get your DUI charges reduced or dropped begins at the very start of your case: the police stop. In order to pull you over, the officer must have a valid reason (probable cause) to do so.

If you have been arrested and are facing DUI charges, you need the experienced guidance of a skilled attorney. At Thomas & Willis, LLC, our team is backed by more than a century of collective experience. Due to our commitment to excellence, we have accrued many positive client testimonials as well as recognition by the legal community. To get you started on your case, we offer free case evaluations and are available 24/7!

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What is probable cause for a DUI stop?

It is from this police stop that the primary evidence in your case will come. A prosecutor can wield everything from the officer's testimony to any DUI tests against you. But it is possible for all of this evidence to get tossed out if the officer did not have probable cause in the first place.

  • For a police officer to pull you over, he or she must see you commit a traffic violation, something like speeding or running through a stop sign.
  • For a police officer to ask you to perform DUI tests or search your car, there must be additional probable cause, such as bloodshot eyes or an open container of alcohol.
  • For a police officer to arrest you, there must be more probable cause, such as a failed breath test or a blood test refusal.

If at any point your rights were violated, such as through unreasonable search and seizure or failure to read you the Miranda Rights, it is possible to prove that the police stop and DUI arrest were unlawful.

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