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| From a strictly constitutional standpoint, when a police officer pulls a car over and the driver has been drinking and is a suspect for a Dallas dui. The police officer asks the driver if they have been drinking, and the driver answers, "I would like to speak with an attorney". Then the officer asks the person to get out of the car so that he/she can perform some tests. The driver then asks the police officer “I do not wish to perform any tests until I have exercised my right to speak to an attorney, am I free to leave?" the police officer responds, "if you do not take the tests I will have to take you in!" The driver then responds "am I free to leave?" The officer responds "No". At that point from a strictly constitutional standpoint the driver has been placed under arrest. If you have a dui attorney on the phone it would have been a good idea to call him before the officer approached the car so that he can meet you at the station. |
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| From a constitutional standpoint the officer has to establish probable cause before the arrest can be made. The proof the officer has a point is the odor of alcohol and a traffic violation. This does not meet the statue of probable cause. |
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| WARNING: Consult with an attorney before you employ this strategy before you are pulled over for a dui. |
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| Entrapment ::. |
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| Entrapment in a Dallas dui occurs when a police officer stakes out a location such as a bar/ drinking establishment and waits for a person to pull out of the bar and then proceeds to follow them until they cross the double yellow line. This is problematic for two reasons: |
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- A police officer that employs this type of tactic usually has low scruples and therefore is willing to tell falsehoods to cover his tracks.
- It is very difficult to prove this is the practice and that entrapment has occurred, especially since for most dui defendants there is very low sympathy.
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| It is critical if you were followed upon leaving a drinking establishment that you make your Dallas dui attorney aware that you suspect entrapment and therefore subpoena the ten dui arrests made by the police officer both before and after the defendants. Looking for a pattern will be critical to establish entrapment. |
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The information on this site is designed to raise thought provoking questions that you should discuss with your Dallas dui attorney. It does however not represent legal advice and does not take the place of legal advice that you should receive from your attorney regarding an arrest for driving under the influence.
There are many technical areas that only an attorney specializing in Dallas dui law will have the experience to investigate properly. Here are some of the technical issues that must be addressed :::... |
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- Probable cause for the stop
- Field Sobriety Test Accuracy
- Type of BAC Test Administered
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- a. Breath Test, Calibration, Recall and Training
- b. Blood Test Type, Margin for Error, Chain of Custody
- When the Arrest took place / Police Entrapment
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