What to do if I was pulled over for having a non-functional headlight and in return was arrested for DUI when my headlight was not actually out?

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What to do if I was pulled over for having a non-functional headlight and in return was arrested for DUI when my headlight was not actually out?

I blew a .08 roadside and ended up taking a blood test at the jail. I had not had a drink for at least 2 hours prior to my blood test. What will happen to the charge if proven in court that the officer did not have probable cause to pull me over?

Asked on April 27, 2012 under Criminal Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If there was no probable cause for you to have been pulled over by law enforcement where you were later arrested for a DUI, the stop would be held illegal and the charge against you dismissed. I suggest that given the facts that you have written about that you consult with a criminal defense attorney concerning a motion to supress all evidence against you concerning the charge against you based upon an illegal stop.

If your blood alcohol was .08 at the roadside test after not having anything to drink for 2 hours, based upon my experience in such matters, your blood alcohol was on the decline and was probably higher than .08 at the time you were stopped by law enforcement.


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