DUI ALERT!: The Cops CAN Wait For You Outside The Bar

Law Offices of EJ Stopyro

Orange County DUI Attorney
DUI Lawyers in Orange County

It has become an all-too-frequent practice in Orange County for law enforcement to “stake out” a particular bar or restaurant when looking to arrest a drunk driver. Typically, the officer waits for someone to leave the bar or restaurant, follows them, finds a reason to stop them, and then conducts a DUI investigation complete with field sobriety tests and a “voluntary” breath test.

Many clients of the Law Offices of EJ Stopyro report that they were pulled over as soon as they left the bar or restaurant. While staking out a bar seems to be inherently unfair, the United States Supreme Court has ruled that it is perfectly legal. In Whren v. U.S. (1996) 517 U.S. 806 the Supreme Court said that as long as the cop can find some legal reason to pull you over—such as a burned out license plat lamp, a broken taillight, or failure to come to a complete stop, then it is legal for the cop to stop you, even though he is really looking for a drunk driver. However, the reason for stopping you MUST be a legitimate law violation to constitute probable cause.

If you’ve been arrested for DUI you’ll need to speak to a DUI lawyer in Orange County about the facts of your case. An Orange County DUI attorney can determine the legality of the stop and help you explore your options and possible defenses. Call the Law Offices of EJ Stopyro today at (949) 559-5500 for a free and confidential consultation with an experienced Orange County DUI attorney.

 Law Offices of EJ Stoyro

Orange County DUI Lawyers