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Unlawful DUI Police Stops – Dod Law Strongly Defends SoCal DUIs

Unlawful DUI Police Stops in San DiegoUnlawful DUI Police Stops in San Diego

Not every DUI arrest in California begins lawfully. In fact, many DUI cases start with unlawful police stops — situations where officers lacked reasonable suspicion or probable cause to pull a driver over in the first place. When this happens, the entire case may be invalid.

At Dod Law, we know that police errors and overreach can lead to unfair arrests and wrongful DUI charges. Our firm provides aggressive DUI defense throughout San Diego and Southern California, fighting to protect your constitutional rights and challenge any evidence obtained through an illegal stop.

When Is a DUI Stop Unlawful?

Under both the U.S. Constitution and California law, law enforcement must have reasonable suspicion that a driver is violating the law before initiating a traffic stop. This means an officer can not stop you based on a “hunch” or general suspicion of intoxication.

An unlawful DUI stop can occur when:

  • The officer had no legitimate reason for pulling you over
  • The stop was based on profiling or bias rather than behavior
  • You were stopped for a minor technicality that did not justify further investigation
  • The officer failed to articulate a specific traffic violation
  • The stop occurred at a DUI checkpoint that did not comply with California’s strict legal standards

If the initial stop was illegal, any evidence obtained after — including field sobriety tests, breath or blood results, or statements — may be suppressed in court. Without that evidence, the prosecution’s case often collapses.

Your Rights During a DUI Stop

It’s important to understand that drivers in California have rights during a traffic or DUI stop. You are protected from unreasonable searches and seizures under the Fourth Amendment. That means:

  • You can ask why you are being stopped
  • You are not required to answer questions about where you’ve been or whether you have been drinking
  • You can refuse field sobriety tests (though chemical tests after arrest are treated differently)
  • You can remain silent and request an attorney

Unfortunately, police do not always follow the rules — and when they don’t, your rights may be violated. Dod Law will investigate the full circumstances of your stop to determine whether law enforcement acted lawfully.

How Dod Law Can Help

Challenging the legality of a DUI stop is one of the most powerful defense strategies available. At Dod Law, we carefully examine every step of your encounter with law enforcement to expose any constitutional violations or procedural errors.

Our defense approach often includes:

  1. Reviewing dashcam and bodycam footage – We analyze recordings to determine if your driving behavior truly justified the stop.
  2. Examining police reports – Officers must document a clear reason for the stop. Vague or inconsistent explanations can indicate a rights violation.
  3. Assessing checkpoint legality – California law requires DUI checkpoints to meet strict operational and notice requirements. Noncompliance can invalidate all resulting arrests.
  4. Challenging the officer’s observations – Claims like “weaving” or “odor of alcohol” can be subjective and exaggerated.
  5. Filing motions to suppress evidence – If the stop was unlawful, we move to exclude any evidence obtained afterward — often leading to dismissal or reduction of charges.

With years of experience in both criminal defense and DUI law, Dod Law knows how to expose flaws in the prosecution’s case and protect clients from unjust outcomes.

Why Choose Dod Law

At Dod Law, we don’t just handle DUI cases — we fight them aggressively. Our firm has built a reputation across San Diego and Southern California for uncovering police misconduct, challenging unlawful procedures, and securing favorable results for our clients.

Here’s why drivers trust Dod Law:

  • Extensive experience in DUI and constitutional defense
  • Aggressive courtroom advocacy and skilled negotiation
  • Personalized, hands-on legal representation
  • Strong record of case dismissals and reduced penalties

When your freedom and driving privileges are on the line, you need a lawyer who understands how to push back against unlawful police actions and fight for justice.

Call Dod Law for Aggressive DUI Defense | Unlawful DUI Police Stops

If you believe your DUI arrest resulted from an unlawful police stop, don’t face the system alone. The sooner you contact an attorney, the more options you have to protect your rights and challenge the evidence against you.

Contact Dod Law today for a free, confidential consultation. We’ll review your case, explain your legal options, and build a strong defense designed to get results.

Dod Law – Strongly Defending SoCal DUIs with Experience, Skill, and Aggressive DUI Defense.

To schedule a free consultation with a member of our first-class legal team, call us today at our San Diego office (619) 814-5110 | Orange County office 949-681-7020  | Vista office 760-814-6025 | or schedule an appointment by filling out our online contact form

 

At a Glance

Meet Attorney Dod Ghassemkhani

  • Recent Case Results
  • San Diego Criminal Defense Bar Association | Named San Diego County’s 2023 Trial Lawyer Of The Year
  • Award Winning Criminal Defense Attorney
  • The National Trial Lawyers: Top 100 Trial Lawyers
  • Over 20 years of criminal defense experience
  • 10.0 “Superb” Avvo Rating