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Boise DUI Lawyer: Proving Your Arrest was Unlawful


When our Boise DUI lawyers first meet with a new client, it usually takes place at the local police station. After your arrest, you’ll be taken to the local police station to be processed. You will have to spend at least a few hours in county jail before your criminal defense lawyer in Boise can get you released. In most cases, there won’t be a problem getting the prosecutor or judge to consent to your release. You may have to pay bail, but most of our clients are released on their own recognizance. It all depends on your past criminal history. Once you are released, you and your Boise DUI lawyer can discuss whether your arrest was lawful.

If your criminal defense lawyer in Boise doesn’t believe your arrest was lawful, they will file a motion with the court asking that the charges be dismissed. They will have to prove that the cops either didn’t have suspicion reasonable to pull you over or lacked the necessary probably cause to arrest you for DUI. Neither of these things is easy to prove. That’s why we suggest you contact one of our Boise DUI lawyers as soon as possible after your arrest. They’ll need whatever time there is before your arrest and your initial hearing to determine the best approach in your case. Here, we will discuss what your attorney will have to prove if they want the charges to be dismissed based on an unlawful arrest.

Can Your Boise DUI Lawyer Demonstrate That the Cops Didn’t Have Reasonable Suspicion to Pull You Over?

To prove that your arrest was unlawful, your Boise DUI lawyer must prove one of two things. First, they can argue that the police didn’t have reasonable suspicion to believe that you were impaired in the first place. If you are not able to prove this, then your criminal defense lawyer in Boise can argue that the police didn’t have the requisite probably cause to move forward with the arrest for DUI.

Both of these arguments are rather bold and difficult to prove. However, if you truly don’t believe the cops had a justified reason to pull you over, then it’s worth a shot. Your Boise DUI lawyer will have to demonstrate that, since the police officers lacked the necessary reasonable suspicion or probably cause, your arrest was unlawful. If this is the case then any evidence collected in furtherance of your arrest and detainment must be thrown out as well. The State cannot use evidence that was gathered or collected unlawfully to convict someone of DUI.

Did the Police Have Probable Cause to Justify Your Arrest for DUI?

During the course of your trial, or as the result of an early motion filed by your Boise DUI lawyer, you may be able to prove the cops didn’t have probably cause. This can be done in a variety of ways. Some of these include the following:

  • You were not weaving in and out of traffic as alleged by the police
  • You answered the officer’s questions easily and did not give the impression that you were drunk or high
  • The police admitted (or you can prove) that you were pulled over because of your race, ethnicity, age, or gender
  • The police made assumptions about you based on the type of car you were driving or the type of music you were listening to

Any one of these things on its own may be enough to prove that the traffic stop itself was unlawful. If your criminal defense lawyer in Boise can prove this, there is a good chance you may walk away with the charged against you being dropped.

Does the Fruit of the Poisonous Tree Principle Apply in Your DUI Case?

When it comes to criminal law, there is a doctrine referred to as the “Fruit of the Poisonous Tree.” What this means is that, if your Boise DUI lawyer can prove that the arrest itself was unlawful, then any evidence gathered during the arrest was unlawfully collected. If this is the case, then any evidence collected in regard to your DUI arrest must be ruled inadmissible. The tree that gave birth to the evidence was poisoned because the police didn’t have reasonable suspicion that you were impaired. This means that you should never have been pulled over in the first place. The fruit of that tree is the evidence collected during the traffic stop.

In most DUI cases, the State prosecutor won’t be able to prove their case if they cannot use the evidence the police collected during the traffic stop. In fact, if your criminal defense lawyer is able to prove that the arrest was unlawful, the charges will likely be dropped. This is what happens in most of the DUI cases we handle. If our attorneys can prove the cops had no right to arrest our client, then it naturally follows that any criminal charges associated with the arrest must be dropped.

You Shouldn’t Wait Too Long to Hire an Experienced Boise DUI Lawyer

If you’ve been arrested for DUI, the first thing you should do is call a Boise DUI lawyer. Although it may sound cliché, you will be given the chance to make a phone call when you get to the police station. The person you need to call is an experienced criminal defense lawyer in Boise. If you don’t have our number in your phone, call a friend or family member. Have them reach out to us on your behalf. In most cases, our Boise DUI lawyers can come directly down to the police station and arrange for your release.

Things happen quickly after your DUI arrest. Your criminal defense lawyer in Boise will have to first talk to the judge about getting you released. Once this is handled, you and your attorney must attend a hearing where you state whether you intend to plead guilty or not guilty. After you’ve entered your plea, you and your Boise DUI lawyer need to sit down and figure out what your plan is. If you believe your arrest was unlawful, your criminal defense lawyer in Boise will have to prove it. As discussed here, this isn’t easy to do. Rather than trying to do this on your own, we suggest you call and talk to one of our Boise DUI lawyers right away. You have little time to waste in the days and weeks following your DUI arrest. If you want the best chances of having the charges being reduced or dismissed all together, you should call our office immediately after your arrest. We will do our best to achieve the best possible outcome in your case.