Did the Police Follow the Correct Procedure in Your Case?
In the U.S., we have a constitutional right to be free from unreasonable searches and seizures. In a DUI case, this means that the police need to meet a legal standard called probable cause before they can take certain key steps toward arresting you on suspicion of drunk driving.
At The Law Offices of Michael L. Davidson in San Mateo, California, our attorneys have defended thousands of clients throughout the Bay Area against DUI charges. We carefully analyze all of the relevant legal issues, including probable cause, in every case our firm accepts.
Carefully Evaluating Each Step in the Process
One of the first steps our attorneys will take in your case is to identify whether the police had probable cause to pull you over, conduct a search and seizure, and arrest you for DUI. The following are the basic guidelines for each of these steps in the process:
- Probable cause to pull over: In order to pull you over in traffic, the police need probable cause that you have committed an offense. This can be any offense, not just DUI, so you can be stopped for having a taillight out or running a red light.
- Probable cause to search and seize: The police need probable cause before they can search your car or ask you to take a breath test. Common examples include the smell of alcohol on your breath or observed driving patterns that are consistent with DUI.
- Probable cause to arrest: Before you can be arrested for a crime, the police need probable cause to believe that you actually committed that crime. Often, probable cause to arrest is based on the results of a chemical test or field sobriety test.
Attorney Michael L. Davidson has been a DUI defense lawyer for more than 40 years and has extensive experience analyzing probable cause. Attorney James Dunn is a former police officer and former prosecutor with keen insights into how DUI prosecution cases are built.
If you have been arrested for DUI, we may be able to defeat the charges by showing that the police did not have probable cause. To schedule a free consultation with an experienced defense lawyer, call us at 866-719-9678 or 650-288-0483 or send us an e-mail.
