If I was stopped for an unrelated traffic violation, can the police also arrest me for a DUI or DWI?

Certainly, if you are stopped for an unrelated traffic violation, and you are under the influence of alcohol or drugs, it can lead to a DUI or DWI arrest. The original cause for the officer's stopping you does not need to be related to driving under the influence, but it gives them the right to get close enough to observe you, smell your breath, etc, to begin building a DUI or DWI case investigation.

Routine detentions for equipment and registration compliance, such as a cracked windshield, inoperative taillight, headlights not turned on, and so forth, maneuvering and parking violations, and many other reasons have been held by the courts to constitute sufficient cause. If the stop was the result of racial profiling, that may give a lawyer more to work with in an effort to have charges dismissed or reduced.

Related Articles:
Requirements for a DUI Checkpoint
Avoiding a DUI Arrest: Critical First Steps

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