Walnut Creek DUI Lawyer Discusses Using Probable Cause Issues in DUI / DWI Cases
When a client is charged with a DUI / DWI, one of my first actions is to determine whether the arresting officer had probable cause to undertake a traffic stop. Determining that the police had probable cause requires a thorough understanding of criminal, DUI and constitutional law. Essentially, if probable cause to make the traffic stop or arrest does not exist, any evidence obtained after the stop or arrest may be suppressed as a violation of your constitutional rights. As a Walnut Creek DUI Lawyer, I am here to help you through one of the most stressful times of your life.
I am attorney Blackie Burak. In my nearly 40 years of defending clients against DUI / DWI charges, I have challenged countless police officers, forcing them to prove that stopping my client was legally justified. If you have been charged with a DUI, contact me toll free at 1-866-BLCKDUI for a free consultation. If I become your lawyer, I will investigate whether the police had probable cause to stop you. From my office in Walnut Creek, California, I can use my pilot's license and my V-Tail Bonanza to visit you wherever you are.
Examples of Probable Cause Defenses
Probable cause can be one of the most powerful defenses against DUI / DWI charges. I have argued that evidence was invalid and should be suppressed because of circumstances such as these:
- Police officer waits outside a bar or restaurant and follows a car without any evidence of drunk driving
- Police officer appears to have made the traffic stop based on age, appearance or other factors
- Police officer makes traffic stop made for other reasons, such as a broken tail-light or speeding, with the officer subsequently administering field sobriety tests without specific evidence
- Police officer makes drunk driving arrest even if field sobriety tests were negative or ambiguous
- Police officer stops vehicle based on anonymous tip without seeing any evidence of drunk deriving before stop
- Police officers demonstrated to have falsified evidence of probable cause
- Police take an impermissible length of time in conducting the investigation
I am highly skilled at identifying mistakes by police officers that can contribute to a strong probable cause defense.
I develop defense strategies based on technical issues, such as how a blood sample was preserved, whether the Breathalyzer device was properly calibrated or whether the officers established the proper chain of evidence. When you have a Walnut Creek DUI lawyer on your side, you have a wealth of knowledge and expertise who can assist you.
Contact Me – Walnut Creek DUI Lawyer
If you have been arrested for DUI / DWI, contact my Walnut Creek, California, law office right away. I have the knowledge and ability to determine whether your charges are legal, based on the evidence of probable cause submitted by the state. Call toll free at 1-866-BLCKDUI.