Was there a legal reason that you were pulled over? You don’t have to be pulled over for a suspicion of driving under the influence to end up being arrested for a DUI. The stop is only legal IF law enforcement has a REASONABLE suspicion that you were performing ANY traffic violation. If there is a lack of validation that the stop was legal, any evidence that had been collected after the ILLEGAL stop can be suppressed if you have an aggressive, knowledgeable criminal defense attorney. A DUI conviction rests mainly on evidence.
Was there any misconduct at a DUI Checkpoint? If you were stopped at a checkpoint and arrested for a DUI, a criminal defense attorney can challenge it if the officer failed to follow the very strict guidelines and rules that are to be a part of all checkpoints in Ohio.
Did you take a field sobriety test? There are many kinds and the best thing to do is not take any tests. Even if you haven’t had a drink, you could be tired, have medical conditions, taking medication or are simply too nervous for a test to be truthful. A defense can be made, however, to prove that the results are not reliable, if you took one and did not pass it.
Was there probable cause for an arrest? Once you have been stopped, and it was a LEGAL stop, was there evidence that you were driving under the influence? If there was no probable cause, an aggressive criminal defense attorney may be able to have all of the evidence from after the arrest suppressed. There may still be admissible evidence from before your actual arrest but having an unlawful arrest will harm the prosecution’s case immensely.
The Bottom Line: Law enforcement is not flawless. There are many examples of police cutting corners, making quick decisions and oversights which can violate your rights. Call me if you have been arrested, as it is possible to use mistakes made by law enforcement to get charges completely dismissed or challenge the legality of the arrest that would urge the prosecution to reduce the charges. 513-260-2099
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