Can I get a DUI after they pulled me over for something else? 5 Answers as of September 15, 2010

I got a DUI the other night on my way home. They pulled me over for not putting my blinker on for a left hand turn (I am almost positive that it was on). Then they gave me all the tests and I was a little bit over so they gave me a DUI. Do I have a good chance of fighting this because they pulled me over for something other than DUI?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Of course they can, and NO, you do not have a good chance of fighting this because they pulled you over.

You get to defend the criminal charges, just like every other defendant has to do. Go to court, enter your not guilty plea if appropriate, arrange bail or OR, set up and attend your court hearing[s] and trial date, file your motions as applicable, go to trial if you cannot resolve it with a plea bargain. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. There is no magic wand to wave and make it all disappear. If you don't know how to do these things, then hire an attorney that does. If serious about doing so, feel free to contact me.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you will be given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing if you want.
Answer Applies to: California
Replied: 9/15/2010
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
There are two related DUI sections: 23152(a) is driving under the influence. If alcohol and/or drugs impacted your ability to operate a vehicle safely, then you can be charged with and convicted of this section at any blood alcohol level. The other section is 23152(b) - driving with 0.08% or more. Even with "perfect" driving and being pulled over for an equipment violation, you can still be prosecuted for and convicted of the 23152(b) if your blood alcohol is over 0.08%.

Having said that, because you were not pulled over for any bad driving and your alcohol level was near the limit, it is worth discussing with an attorney to try to get a reduction in charges and/or looking into a motion to suppress the evidence.
Answer Applies to: California
Replied: 9/15/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
No, many people who are arrested for a DUI are pulled over for other traffic offenses. After they are stopped the police observe evidence of alcohol consumption and impaired driving and tests are given. They then can be arrested if they fail the tests.
Answer Applies to: California
Replied: 9/15/2010
Alanna D. Coopersmith, Attorney at Law
Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
Yes. If the officer had reasonable suspicion that you committed a traffic infraction, he can pull you over. If in the course of pulling you over, he has reasonable suspicion that you are intoxicated, he can ask you to perform field sobriety tests. If he has probable cause that you're intoxicated, he can arrest you. Importantly, these are factual questions in which the officer has the burden of proof.

I would request a DMV hearing right away (it needs to be within 10 days). If you need a lawyer to represent you in your criminal case and before DMV, just let me know.
Answer Applies to: California
Replied: 9/15/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
They can test you for a DUI if they think you are under the influence no matter why they stopped you.
Answer Applies to: California
Replied: 9/15/2010
Click to View More Answers: