Can an Officer Give Me a DUI If That’s Not Why He Stopped Me?
Unless there is reason to suspect discrimination, it does not matter why the officer stopped you when he gave you the DUI. The United States Supreme Court has ruled that if the officer had any reasonable basis for pulling you over (such as a traffic violation etc.) the DUI is valid. The reasons an officer may use to pull you over are almost unlimited, but there are just a few that that commonly result in DUI charges, the most common of which is weaving within a lane.Weaving Within a Lane
If your car is weaving within a lane (i.e. you’re not driving a straight line) an officer may pull you over under suspicion of DUI. According to one California case, you can be weaving for as little as 3/4 of a mile for the officer to be allowed to stop your vehicle.
However, in certain jurisdictions and under certain circumstances, weaving within a lane does not give the officer the right to pull you over. One Texas case found that an officer cannot pull a diver over if he is uncertain how many times a driver had weaved within the lane while being followed. Furthermore, it has been found in at least one case that merely touching the lane with your wheel does not count as weaving and does not violate the law.
An experienced drunk driving attorney will be able to evaluate the facts of your case in light of the rules applicable to your jurisdiction. Call Sacramento drunk driving attorney Param S. Pabla at (916) 285-7900 for an evaluation of your case.