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Can I Be Arrested for DUI If the Cops Had no Reason to Stop Me?


If you drive after you’ve been drinking or taking drugs, you take the chance that you’ll get arrested. It’s bad enough that you risk your own life and the lives of others on the road. But if the cops suspect that you’re driving under the influence, you’re going to get pulled over.

With that being said, the cops do still need a reason to pull you over. They can’t just randomly pull cars over hoping they’ll catch you doing something wrong. But that doesn’t mean they have to pull you over on suspicion of DUI. They could have any number of reasons for pulling you over.

Usually, a cop sees someone driving erratically or doing something else wrong. They don’t discover they’re drunk or high until after they’ve pulled them over. For example, you may forget to use your turn signal. The cops pull you over and then smell the alcohol on your breath.

If the cops had a reasonable suspicion that you’ve broken the law, they have every right to pull you over. However, if they don’t, your Boise DUI defense lawyer may be able to get the charges reduced or dismissed.

What are Some of the Reasons You Were Pulled Over?

Police officers in Boise, Idaho pull over hundreds of people a day. Very rarely are the people they stop drunk at the time. Unless it’s a weekend night or holiday, odds are the person they pulled over hasn’t had a drop of alcohol.

There are dozens of reasons why an officer in Boise may have pulled you over. Some of these include:

  • You have a brake light out
  • Failure to signal
  • Speeding
  • Running a red light
  • Expired registration
  • You have warrants and they see this when they scan your tags
  • The car you’re driving is stolen

This list is only a handful of the reasons you could have been stopped. You can be pulled over for any number of traffic violations.

You can also be pulled over if you’re driving erratically. Cops are allowed to use common sense. If they see someone driving strange or being super cautious, they know something’s not right. They spend years dealing with drunk drivers. They know the signs.

Do I Have to Submit to Breathalyzer or Field Sobriety Test?

Regardless of why you were pulled over, if you’ve been drinking, the cops will be able to tell. You’d be surprised how easy it is for a sober person to smell alcohol on your person. They can also pick up on little things you do that alert them to the fact that you’ve been drinking.

Some of the telltale signs that someone’s been drinking or using drugs include:

  • Bloodshot eyes
  • Dilated pupils
  • Nervous
  • Sweating
  • Slurred speech
  • Inability to concentrate

When the cops pull you over, they notice all of these things. They’ve dealt with more than their fair share of drunk people. If you’ve been drinking, they’re going to know. And, if they suspect you’re intoxicated, they’re going to ask you to submit to a field sobriety test. They may also ask you to take a breathalyzer.

If you refuse to do either of these things, you’ll be arrested for DUI. Your license will also be suspended. If you refuse these tests, your license can be suspended for up to one (1) year. This is true even if you aren’t ultimately convicted of DUI.

If you take the tests and pass them, you probably won’t be arrested for DUI. Even if you fail them, your DUI defense lawyer in Boise may be able to get the results thrown out.

If the breathalyzer test isn’t accurate or hasn’t been calibrated, your lawyer can argue that the results not be admitted into evidence. As for the field sobriety test, there are lots of reasons why your lawyer can have it excluded. Some of these reasons are:

  • The instructions weren’t clear
  • The test was biased
  • You performed the tasks just fine
  • Nobody could’ve passed the test whether they’d been drinking or not

Your DUI attorney in Boise is going to work hard to get your charges reduced or dismissed.

Contact a Boise DUI Defense Lawyer Today

If you’ve been arrested and charged with DUI in Boise, you need to call a DUI defense lawyer. In order to convict you of DUI, the prosecutor must prove that you were drunk at the time of your arrest. If your lawyer can prove the cops didn’t have a reasonable basis for pulling you over, your charges may be dismissed.

Call today and speak with an experienced DUI defense lawyer in Boise, because there is too much at stake to try to handle this yourself.