Suspicion of DUI: When Does an Officer Have a Right to Pull You Over?

 Posted on September 27, 2016 in DUI Defense

If you are pulled over at any time, for any reason, it is never a fun experience. This is especially true when you are being directed to the side of the road for suspicion of driving under the influence (DUI). Whether you have in fact been drinking and driving or find yourself falsely accused, the moment you are confronted with the possibility of DUI charges, it is important to understand your rights. This begins with understanding when an officer has the right to pull you over in the first place.

In general, any of the following circumstances allow a police officer the right to direct you to the side of the road:

Highway Checkpoints - Whenever you encounter a checkpoint, you are always required to pull over and comply with an officer's requests. Checkpoints are typically planned ahead of time and are expected to have a strategy in place. For example, police will pull over every car or every other car. The primary purpose of checkpoints is to identify drivers who are operating vehicles under the influence of alcohol or drugs, as they are often utilized as a tool in drunk driving deterrence.

Probable Cause - Whether you are being flagged down for possible impaired driving or another reason, a police officer cannot simply pull you over without probable cause. This means you must be caught doing something that warrants the pullover. Whether you are speeding, swerving from lane to lane, or simply have expired tags on your license plate, an officer can pull you over if you disobey any highway law or show signs of possible impaired driving.

You Pose a Threat - This falls under the line of probable cause; if you are exhibiting any driving behavior that deems you a threat to yourself or others on the road, a police officer can direct you to stop your car. Careless or erratic driving behaviors are often behind DUI pullovers. Speeding, failing to use your signal, and recklessly weaving between lanes are sure to get an officer’s attention on the highway, and may raise suspicion that you are operating under the influence.

If you are pulled over under any of these circumstances, you have the right to wait to pull over until conditions are safe to do so, but the sooner the better. Do not make the officer wait long, or you may face additional consequences.

Contact Our Chicago DUI Attorney

If you find yourself being confronted for suspicion of DUI, you can arm yourself with the knowledge you need to protect your rights by speaking with an experienced Chicago DUI defense lawyer. Understanding your rights can potentially lessen the severity of any criminal charges you face and prevent further conflict between you and law enforcement. If you have been accused of impaired driving, you need proper legal representation in a court of law. Call the Luisi Legal Group today at 773-276-5541 to schedule a free, personalized consultation.

Source:

http://www.businessinsider.com/what-rights-do-you-have-when-pulled-over-2013-11