In CA, can swerving right and left alot get one arrest on a DUI?

Asked over 1 year ago - Los Angeles, CA

see above.

Attorney answers (6)

  1. Neil James Fraser

    Contributor Level 15

    9

    Lawyers agree

    Answered . It certainly can provide a police officer with the reasonable belief that you may be drunk driving and to initiate a stop for further investigation.

  2. Aaron Reuben Bortel

    Pro

    Contributor Level 12

    7

    Lawyers agree

    Answered . This type of driving can and often does result in being pulled over for further investigation. Officers are trained (some better than others) to look for signs of impairment for alcohol or drugs or both. They usually follow the stop with trying to detect the odor of an alcoholic beverage on your person, and run you through a number of field sobriety tests (which are not mandatory). If they believe they have enough evidence, they arrest for DUI.

    The driving may have been recorded with a dash camera mounted in the police car. Whether they had enough bad driving to pull you over may be an issue for a suppression hearing in court. You should hire an experienced DUI lawyer to review your case and represent you in court and at a DMV hearing.

  3. Robert Laurens Driessen

    Contributor Level 20

    5

    Lawyers agree

    Answered . Well I believe you know the answer to this as you were arrested for this. Yes this can be a valid reason for a stop. Get an attorney. Being convicted is another matter.
    Robert Driessen

    Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated... more
  4. Michael Korry Bialys

    Contributor Level 13

    5

    Lawyers agree

    Answered . If the swerving is significant, it absolutely creatives grounds for the stop.

  5. Tai Christopher Bogan

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Swerving can get someone pulled over. Swerving may or may not be able to prove a DUI in court. It is one factor of many. There may be other non DUI reasons for swerving. Also depending on the degree of the swerving, the police may not have had cause to pull the car over in the first place. If the police did not have cause to pull you over, then case could ultimately get dismissed.

    Hire an attorney or ask for the public defender when you go to court. Also, request a DMV hearing within 10 days of being cited by the police for DUI.

    The above information does not establish an attorney client relationship nor is it meant to provide legal advice.
  6. Joshua Paul Shelton

    Contributor Level 11

    Answered . The swerving has to meet some very specific criteria, but it can absolutely create probable cause for the initial stop. For a legal arrest, there needs to be additional circumstances evidencing impairment.

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