For a police search to be valid, the initial stop must be valid. Police cannot simply pull people over and then search the vehicle. There needs to be probable cause for a search after a traffic stop. In other words, there have to be signs of impairment while driving. If not, an attorney may be able to get the charges against you dropped. Often, police will administer a breathalyzer for the following:
- Speeding
- Weaving within a lane
- Improper lane usage
- Following too closely/Tailgating
If a police officer observes one or more of these infractions, it could potentially lead to a further search of the person and the vehicle.
Other Reasons for a Search from an Alexandria DUI Attorney
If a police officer pulls you over for an equipment violation like a broken tail light or expired registration, this does not give them the right to make you perform a field sobriety test. There must be further evidence of impairment, such as the smell of alcohol, slurred speech, or glassy eyes. If a police officer observes a driver with these signs of intoxication, it would be valid for them to administer such tests.
An attorney needs to examine the reason for a traffic stop and the reason for a search when looking at a drunk driving charge. If the lawyer can spot police misconduct or can spot a violation of your rights, it may be possible to have the evidence thrown out and the charges against you dropped.
