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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.

Client Reviews
“Mr. Pabla represented me with my DUI case. He has excellent communication skills and always kept me informed. Mr. Pabla made sure I understood the process and my rights. He eased my mind through a very stressful situation. I highly recommend Mr. Pabla.” Gurpreet
“I am so happy with the service that I received from Param S. Pabla. Jarrett did a great job solving my legal issue and I can’t recommend him enough! He was able to do everything quickly, painlessly, and was ALWAYS available to talk when I needed him. If I ever need help again, I will definitely use him!" Boris
“Param was excellent in my court case of failure to stop at a stop sign. The officer could not see clearly because he was too far away. The officer insisted he could and said he had video but could not produce it at the trial. The officer then asked if he could suspend the trial to go get the video but the judge said he should have had plenty of time to get the video ready beforehand. Needless to say, the judge ruled in my favor and dismissed the case which enraged the officer. Pabla Param’s defense and cross examination skills were excellent and paramount in having the case dismissed. Highly recommended.” T.C.
“My husband and I needed to update everything -family trust, will, medical stuff. Param was really patient -answering all my questions -even when I asked them twice. He wanted to be sure I understood everything we were doing. All docs were sent to us so we could go through them on our own time before anything was finalized. I also liked when we were looking at medical stuff that he had a conversation with me about what I wanted and pointed out some things I didn’t think of.” Debbie