If the police officer did not give me a reason for pulling me over, can I still be convicted of a DUI? 63 Answers as of June 07, 2013

When I was pulled over during the weekend, the police officer did not tell me why he had stopped me. He just asked me to get out of the car to take the breathalyzer test. I was just over .08% and he took my license away. Is it legal for him to charge me of a DUI?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
I would need further information in your case but generally it is legal .
Answer Applies to: New York
Replied: 10/21/2011
Michael R. Nack, Attorney at Law
Michael R. Nack, Attorney at Law | Michael R. Nack
Yes, it is legal for a police officer to charge you with a DUI. If he did not have probable cause to stop you in the first place your attorney may be able to defend the charge. In any event, you need to hire the best attorney you can afford. I have handled hundreds of such cases in the thirty-three years that I have been practicing law, and I might be able to help you. * To answer this question, please just reply to this email. The original content and subject should not be modified, otherwise your answer will not be valid.
Answer Applies to: Missouri
Replied: 9/15/2011
Law Office of Ernest T. Biando, LLC | Ernest Biando
Yes-the office need only have a reasonable belief that you have violated the law-however the reading is in question as you can fight the results-motions can be made and a defense can be set in place.
Answer Applies to: Massachusetts
Replied: 9/14/2011
Donahue, Sowa & Magana Attorneys at Law
Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
At some point the police officer will have to indicate why you were stopped. You can usually obtain this information through discovery, wherein the police officer will have to document what led up to and during the investigation/arrest. Traffic stops without probable cause are forbidden (this does not apply to roadblocks). If the police officer stopped you for no justifiable reason, the evidence against you may be suppressed and they will not be able to prosecute you.
Answer Applies to: Illinois
Replied: 9/13/2011
The Law Office of Eric R. Chandler, P.C., L.L.O.
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
You may be able to fight your DUI with a suppression hearing if there was no reason for the stop of your vehicle. Your best bet is to contact a DUI lawyer in your city.
Answer Applies to: Nebraska
Replied: 9/12/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    An officer needs a reasonable suspicion to pull you over and ask you to test.
    Answer Applies to: Minnesota
    Replied: 9/12/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    The officer does not need to tell you why he pulled youover. Your lawyer will be able to read the reason when s/he reads the offense report.
    Answer Applies to: Texas
    Replied: 9/9/2011
    Reza Athari & Associates, PLLC | Seth L. Reszko
    It is unlikely that you would prevail on a DUI case if the only defense is that the police officer did not tell you why he pulled you over. If the police officer did not, in fact, have any reason to pull you over, then you may prevail based on the lack of probable cause. A police officer of course must have a reason to pull someone over, otherwise it is a violation of the Fourth Amendment prohibition on unreasonable search and seizure. However, if the officer had a reason to pull you over and just did not explain that reason, then your defense is unlikely to hold any water. There, of course, are many other factors to consider when determining your likelihood of success overall.
    Answer Applies to: Nevada
    Replied: 9/8/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Whether the stop was valid is always a key issue in OUI cases. I'd recommend you retain a lawyer to assist you with this matter. If you cannot afford an attorney, the court may appoint you an attorney at the public's expense. If the stop was invalid, there may be grounds to file a motion to suppress the evidence. However, whether to file the motion depends on your particular circumstances with a specific and thorough review of your file and the applicable case law.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    We would have to see the police report to find out what he is claiming to the reason to pull you over. We would then have to fight the matter if it is not a valid reason.
    Answer Applies to: Michigan
    Replied: 9/8/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    If you were not pulled over for a valid/legal reason you may have grounds for a dismissal.
    Answer Applies to: California
    Replied: 2/22/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police can pull you over and ask you to take a breathalyzer...either the portable alcosensor or the breathalyzer machine at the station. If they had no reason to pull you over your attorney can request an Ingle Hearing to determine if the police had a reason to pull you over.The officer will say you committed some traffic offense and the judge will believe him, even if he did not write a ticket or include it in his report or other documents. Retain a good criminal attorney to handle the matter.
    Answer Applies to: New York
    Replied: 9/8/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    A police officer doesn't have to tell you why he pulls you over.He does have to have probable cause to believe that you are committing a crime, like a driving pattern.If it has not been ten days, and you are in Utah immediately appeal to DMV, the directions are on your ticket.You will have your license automatically revoked if you do not appeal within the ten days.With that low of a BAC you may be able to do something with the charges.Good Luck.
    Answer Applies to: Utah
    Replied: 9/8/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    While a police office does not have to give you a reason for pulling you over, he must have a valid reason to stop a car. You will need to have a lawyer review the matter to see if the test can be suppressed and the ticket thrown out of court.
    Answer Applies to: Nebraska
    Replied: 9/7/2011
    Expert Bronx Criminal Lawyers
    Expert Bronx Criminal Lawyers | Alexander Sanchez
    The police officer is not required to tell you why he pulled you over resulting in your subsequent arrest. He is, however, required to tell the Court. You may have a motion to suppress the initial stop as being in violation of your constitutional rights. If the office did not have sufficient legal justification to stop the car, then the arrest, as well as any subsequent evidence recovered, may end up being suppressed, and the case dismissed.
    Answer Applies to: New York
    Replied: 9/7/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Maybe, I would have to review the police report.
    Answer Applies to: Michigan
    Replied: 6/7/2013
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    It depends on the way you were driving. If you were driving in a manner that was dangerous to the public then he does not have to give you a reason.
    Answer Applies to: Alabama
    Replied: 9/7/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes, he caught you and you blew over 0.08 so you can be charged. The proper question is can you be convicted? In other words, why he stopped you is a matter for a court to determine if it is justifiable. He does not have to tell you. Did you ask? If you asked and he refused to tell you, that is some help, a lawyer will need to know this fact and investigate.
    Answer Applies to: Texas
    Replied: 9/7/2011
    Hess & Schubert
    Hess & Schubert | Ted Hess
    Yes. Nothing in the law imposes a duty on a cop to tell you why he stopped you. Look at your ticket. It may contain a traffic violation. A cop cannot, however, stop you for no reason. You may be able to suppress the results of the breath test if the cop had no legal basis for stopping you.
    Answer Applies to: Colorado
    Replied: 9/7/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The police do not have to tell you the reason for the stop. They only have to have a legal reason to pull you over. Usually the reason for the stop is revealed in the officer's reports.
    Answer Applies to: Kansas
    Replied: 9/7/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    Unfortunately the cop has no legal obligation to tell you the reason for the detention. Most times they do, but there is no requirement. Of course they will state a reason in the police report.
    Answer Applies to: California
    Replied: 9/7/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If there was no valid traffic stop, then a motion could be filed, and if granted, the case could be dismissed. However, a police officer, who writes numerous reports, will write in the report that there was a reason for a valid traffic stop. Police officers are trained to do this. So the possibility of a dismissal based on this ground is unlikely. I have been successful on some such motions, and if interested in hiring an attorney to defend you in macomb, oakland or wayne county, you can contact my office for an appointment. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 9/7/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A police officer can not pull someone over without a reason. I am certain that he will testify that you swerved, crossed the center lane, fog line, tail light burned out, tag light burned out, headlight burned out, failure to signal, improper lane change, no use of seat belt, speeding, etc., as justification for the stop.
    Answer Applies to: Alabama
    Replied: 9/7/2011
    D T Pham Associates, PLLC
    D T Pham Associates, PLLC | Duncan T Pham
    Police officers can make a traffic stop based on their direct observation of driving patterns and/or driver's behavior, and are not required to divulge to the suspects their reasoning.
    Answer Applies to: Texas
    Replied: 9/7/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    It is illegal in Michigan to drive a motor vehicle with a blood alcohol level of 0.08 or greater. The issue is whether there was a valid stop. An attorney could assist you after he/she reviewed the police report.
    Answer Applies to: Michigan
    Replied: 9/7/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    The police do not have to tell on the side of the road you why they stopped you for it to be a legal stop.
    Answer Applies to: New York
    Replied: 9/7/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    If you contest the charge and your lawyer files a motion contesting the stop, the officer will have to prove to the judge that he legally stopped you. He was not required to tell you the reason for the stop on the scene.
    Answer Applies to: Georgia
    Replied: 9/7/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Yes they can arrest you on those facts. They must have cited you for something besides the DUI at the station. If they didn't you will have a good case to try.
    Answer Applies to: Massachusetts
    Replied: 9/7/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    Yes.
    Answer Applies to: Michigan
    Replied: 6/7/2013
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Need to see the police report to see what he states as his basis for stopping you.
    Answer Applies to: Michigan
    Replied: 9/7/2011
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    While this may not be exactly the way it was taught in the police academy there is nothing in the facts as you presented them that would automatically prevent conviction for DUI. That being said that conduct by a police officer may turn off a jury and you should advise your attorney of these events.
    Answer Applies to: District of Columbia
    Replied: 9/7/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    The police officer is not required to provide you with a reason for stopping your car. The police only needs to have a reasonable suspicion of criminal activity in order to justify the stop. This is not a very high standard. Police stops have been upheld as legal for reasons such as weaving between the lanes, speeding, making a wide turn, failure to make a complete stop, etc. If you obtain a copy of the police report, you will be able to find out the officer's reason for stopping your car. An experienced criminal defense attorney will be able to determine if the stop of your car was illegal. If this is the case, your lawyer can file a motion to suppress the use of any evidence obtained by the police as a result of the illegal stop. If the motion is successful, the DWI charge against you will be dismissed.
    Answer Applies to: Minnesota
    Replied: 9/7/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    There must be a reason for the stop but the officer does not have to inform you of the reason for the stop.
    Answer Applies to: California
    Replied: 9/7/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The cop has no obligation to tell you at the scene why you were pulled over. The reason he pulled you over will be contained in the police report which will be available in court. If he had no reason to pull you over, or it was just a hunch, the judge must suppress the evidence (the test result) and it cannot be used against you at a trial.
    Answer Applies to: California
    Replied: 9/7/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    One of the first things an aggressive attorney can do to defend you in a DUI matter is to examine the purported reason for the traffic stop. There are many factors involved with a DUI charge and you should hire an attorney who will look at them all and defend you with vigor.
    Answer Applies to: Hawaii
    Replied: 9/7/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course it is. The cop does not need to give you a reason, because trust me, a reason will show up in the police report, which is what counts. You should hire a DUI specialist to help you with both the court case and the DMV case, which requires timely license if you want to save your driver's license.
    Answer Applies to: California
    Replied: 9/7/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    It is a common myth promoted by TV that you have to be told why you are being arrested. The truth is you do not have to actually be told until you first appear in court. Also, if you are in custody already, the police generally have to tell you why you are being asked questions in order for you to validly waive your right to remain silent.
    Answer Applies to: Colorado
    Replied: 9/7/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    The police must have a valid legal reason for pulling you over. This is called reasonable suspicion. However, they do not have to tell you the reason that they pulled you over. As long as they had one and they had reasonable suspicion for asking you to submit to PBTs, then it is valid. However, you cannot be sure of their reasoning for pulling you over or if it has legal merit unless you have an experienced criminal defense attorney with a trained eye for spotting such deficiencies review the evidence against you. DUIs, even first offenses, can be quite costly. A good DUI attorney will more than pay for himself in what he can potentially save you.
    Answer Applies to: Michigan
    Replied: 9/7/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    It is not necessary that the officer provide you with a reason for the stop. It is necessary that he officer have reasonable suspicion of a particularized crime in order to make the stop. That information can be presented as part of pretrial motions challenging the stop.
    Answer Applies to: Minnesota
    Replied: 9/7/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Yes you can: if you plead guilty! You should call a qualified DUI attorney right away and assess your possible defenses. The 4th Amendment prohibits an unreasonable seizure.
    Answer Applies to: Michigan
    Replied: 9/7/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    The standard is "probable cause." If he asked you to step out then initiated a sobriety test he will likely state the probable cause was a driving pattern indicative of someone that was under the influence. Never-the-less, you should hire and attorney to challenge the stop and mount a vigorous defense.
    Answer Applies to: Arkansas
    Replied: 9/7/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes. I'm sure he will put down a reason in his report. It is your option to try the case with the facts as they exist.
    Answer Applies to: Michigan
    Replied: 9/7/2011
    The Roden Law Firm, PLC
    The Roden Law Firm, PLC | Gerald Roden
    First I would need to no more about the stop. While officers sometimes don't tell you why they stopped you, it doesn't mean that there wasn't probable cause for the stop. I find it unusual the officer first asked you to take the intoxilzyer. I am suspecting that you gave him some indications that you might be impaired. If however the officer failed to note that you were impaired, nor note any factors that would constitute it, then it is plausible you could suppress the intoxizlyer results and any standard field sobriety tests.
    Answer Applies to: Florida
    Replied: 9/7/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    The stop may have been illegal. If so, then the breath test may be suppressed and they may not be able to prove a case against you. You'll need a lawyer for this.
    Answer Applies to: New York
    Replied: 9/7/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    The officer does not necessarily have to tell you the reason for the stop. Most DUI police officers wait until you make a minor traffic infraction, which then allows them to pull you over. You need to get a lawyer as soon as you can. Within 10 days of your arrest, you have the right to request a DMV hearing where you can challenge the basis for the officer's stop. This hearing can give you valuable insight into the criminal case against you. DUI law is pretty complex, and you should get an attorney who understands it. I am a former prosecutor who helped run Portland's DUI prosecution unit. I would be happy to give you a free consultation. But regardless, you MUST request the DMV hearing within 10 days of your arrest. I, as well as other lawyers, can do that for you. Don't wait.
    Answer Applies to: Oregon
    Replied: 9/7/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    He does not have to explain to you why he stopped you but he will have to have a reason explained in his report + to the judge if you challenge it.
    Answer Applies to: Colorado
    Replied: 9/7/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. It is legal for him to charge you with DUI. If they didn't give you a reason you can not have your DUI dismissed. If, on the other hand, they did not have a reason to stop you, then you can fight your DUI and have the evidence suppressed.
    Answer Applies to: California
    Replied: 9/7/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    The officer can still charge you with DUI but you may be able to file a motion to suppress the stop You should call a local lawyer to help you examine the evidence.
    Answer Applies to: Kentucky
    Replied: 9/7/2011
    Law Office of Robert Sisson | Robert Sisson
    Might be a good reason to have a suppression hearing, depending on his report. I strongly recommend your get an attorney you feel comfortable with.
    Answer Applies to: Wisconsin
    Replied: 9/7/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    He does not have to disclose to you why you were stopped but if you challenge the validity of the stop he would be required to come to court and articulate the specific reasons at a hearing.
    Answer Applies to: Minnesota
    Replied: 9/7/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    yes, but a lawyer can probablyget it reduced to a wet reckless.
    Answer Applies to: California
    Replied: 9/7/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Yes.
    Answer Applies to: California
    Replied: 6/7/2013
    D'Andrea Law | Kathy D'Andrea
    An officer can pull you over simply for suspicion of driving under the influence of alcohol or drugs. However he likely needs to tell you that you're being pulled over for suspicion of DUI. I would recommend contacting an attorney regarding your situation.
    Answer Applies to: California
    Replied: 9/7/2011
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Yes, reasonable suspicion can occur for a variety of reasons. You need a skilled DWI trial lawyer to analyze your facts.
    Answer Applies to: Texas
    Replied: 9/7/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    There is no requirement that the police tell you why you were pulled over. They will have to justify the stop in court.
    Answer Applies to: Washington
    Replied: 9/7/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    They don't necessarily have to tell you why they stopped you, but they better have had a legal reason to. Otherwise, all evidence, including their observations of you, any statements you made and the blood alcohol results will be excluded from evidence and you walk.
    Answer Applies to: California
    Replied: 9/7/2011
    Law Offices of Andrew Bouvier-Brown
    Law Offices of Andrew Bouvier-Brown | Andrew J. Bouvier-Brown
    Yes, you may still be convicted of a DUI even though the police did not tell you why you were stopped initially. That does not mean you should not hire a lawyer and attempt to defend yourself; you absolutely should do so. You may be able to avoid conviction through any number of other means. However, the fact that you weren't told why you were stopped is not one of them. I strongly urge you to contact a qualified attorney to discuss the matter in detail.
    Answer Applies to: California
    Replied: 9/7/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    No. No. But he does not have to tell you. He just has to have a legal reason to stop you.
    Answer Applies to: California
    Replied: 9/7/2011
    Law Office of David Baum
    Law Office of David Baum | David M. Baum
    Yes. The police are not required to explain the reason for the stop at the time you are arrested. This information will be put in their report, and your attorney may use this information to defend you against the charges.
    Answer Applies to: California
    Replied: 9/7/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    The officer has to have probable cause to pull you over. However, he does not have to tell you why he pulled you over at the time. He will put the reason in his police report and send it to the D.A. Most likely he will write I followed the vehicle for several minutes and during that time it was swerving within the lane.
    Answer Applies to: California
    Replied: 9/7/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    He doesn't have to explain why he stopped you but he will have to justify the stop to the court at a later time if challenged. An officer must have what's called "reasonable suspicion" that a crime has been or is about to be committed to stop you. IE - speeding, driving too slow, weaving, equipment failure, etc.. A BAC just over . 08 can be challenged.
    Answer Applies to: New Hampshire
    Replied: 9/7/2011
    Stevens Law Office, PLC
    Stevens Law Office, PLC | Ryan Stevens
    You may have an issue worthy of a Motion to Suppress. If the stop is unconstitutional, you will not be convicted of DUI.
    Answer Applies to: Arizona
    Replied: 9/7/2011
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