When it comes to most arrests, police need to have a warrant. However, this is not always the case. If an officer has reasonable suspicion to believe that someone is committing a crime, they may stop that individual without a warrant. This is the case when crimes are being committed and when police stop someone they believe is driving under the influence of alcohol or drugs. Laws vary from state to state, but in states like Maryland, there are times when the police are legally entitled to stop someone without a warrant.
What is reasonable suspicion?
Police may stop someone under suspicion of committing a DUI for many reasons. All of these reasons, taken together, must be “specific and articulate facts,” which means that an officer cannot simply pull someone over because they “had a feeling.” Instead, the police officer must be able to specifically articulate why someone was pulled over. This may include erratic driving, malfunctioning car equipment or other reasons.
Courts have held that the standard to pull someone over under suspicion of committing a DUI is “not high.” This means that virtually any reason, as long as it can be specifically noted, is acceptable and admissible.
However, stopping a driver for no reason might lead to a case being dismissed. An attorney may be able to help someone who has been wrongly pulled over and arrested.
Dealing with DUI charges
If you have been arrested for DUI and you believe that your rights were violated, you may want to contact an attorney as soon as possible. A defense lawyer may evaluate your case and give you legal options for how to proceed with your case.