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.
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.
Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.
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.
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.
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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