Reader’s Question:

A DUI charge here in South Bend, Indiana may be hard for my brother. But I hope he can get out of this sooner than we thought. We don’t want him to be convicted, so how can we challenge his DUI arrest?

Freya

South Bend, IN

The Fourth Amendment to the US Constitution prohibits unreasonable searches and seizures and requires that any search or seizure is based on probable cause. It was a seizure when your brother was arrested by the police officer for DUI in South Bend, Indiana. If the police officer did not have probable cause to arrest him, his DUI attorney may challenge his arrest.

A police officer could lack probable cause to arrest your brother in a number of different circumstances. If he was stopped on a purely random basis or solely on an anonymous tip, for driving too slowly or unexplained “suspicious” reasons, or because of his race, ethnicity or another protected category, he may be able to fight his case. The specifics actually vary on different DUI cases and an Indiana DUI lawyer is the best source of information about how these general principles apply to your brother’s case.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer