Dupage DUI Defense Lawyers

Unlawful Police Stops

In order to arrest someone for drunk driving in Illinois, the police officer has to have a legitimate reason for pulling you over.  If the officer didn’t have probable cause to stop you, or arrested you without first having probable cause, the arrest may be deemed unlawful.  In cases involving unlawful police stops, any evidence collected after the stop will be suppressed, including any blood or breath test that was performed.  Without this evidence it will be difficult, if not impossible, to convict a person of DUI and the case will likely be dismissed. 

Police officers cannot legally stop a person on the road just out of suspicion, or simply to check your driver’s license or to check your vehicle registration.  Police officers must have a valid reason to pull you over, for example if they noticed your vehicle weaving, crossing the center line or if you committed a traffic violation such as speeding or running a red light.  Similarly, a police officer cannot arrest you unless they have probable cause and in drunk driving cases the officer must be able to provide sufficient evidence to prove they had reason to believe you were intoxicated. 

At the Law Firm of Fagan, Fagan & Davis, our lawyers realize that Dupage police officers do not always tell the truth about why they pulled a person over.  When officers are dishonest and you end up getting charged with DUI as a result, your Dupage DUI defense attorney will fight to prove that the officer was lacking probable cause so that the evidence obtained after the unlawful stop will have to be thrown out, thereby ruining the case against you.      

If you have been charged with drunk driving after being pulled over in an unlawful police stop, you should contact a Dupage County DUI Defense Lawyer today!