Unlawful DUI Stop

Bakersfield, California, DUI Defense Attorney

To arrest you for drunk driving in California, the police officer must have a valid reason for pulling you over. If the stop itself or the subsequent DUI arrest was unlawful, all evidence collected after the stop, including Breathalyzer test results, can be suppressed.

I'm lawyer Mark J. Madrigali. From my office in Bakersfield, I represent clients throughout California who face DUI/DWI charges. If you have been arrested for drunk driving in California, I will aggressively challenge both the stop and your subsequent arrest. In addition, I offer a free initial consultation to discuss your case.

Constitutional protections in a DUI case

The Fourth Amendment of the U.S. constitution offers you protections against:

• Unreasonable stops. A police officer cannot stop you just because he is suspicious or to check your driver's license or car registration. He must have a valid reason such as weaving, crossing the centerline, another traffic violation or a burnt-out light.
• Unlawful arrests. An officer cannot arrest you if he lacks probable cause. The officer must have sufficient probable cause to think you are intoxicated, such as failing a field sobriety test, before he places you under arrest.

Unfortunately, police officers do not always tell the truth about why they pulled you over. Many use prior arrest reports as templates and simply change the names, dates and vehicles. If your arresting officer is not telling the truth, an aggressive lawyer may be able to impeach him or her using the squad car's dash-mounted video camera.

Free consultation with an experienced California DUI attorney

For more information about challenging unreasonable stops and unlawful arrests, contact Bakersfield DUI defense lawyer Mark J. Madrigali for your free initial consultation. You can call 661-861-1472 (español 661-477-2812) or fill out our simple online contact form.