2. Initial Detention
If the initial encounter between you and the police was not consensual (in other words, you were pulled over, instead of simply approached by police?), then the police must have a warrant, or reasonable suspicion to believe a crime (a DUI or another crime) has been or is being committed, or some other compelling reason to stop or detain you and interfere with your freedom to leave before arresting you for DUI.
Typically, initial stops in Sonoma County DUI cases are justified by the officer stating that he/she observed one or more vehicle code violations, such as speeding, no front license plate, headlights off at night, or peculiar driving behavior such as weaving or sudden swerving. Click on the Resources page on this website for lists of common moving violations and equipment violations which are often used to justify such initial detetntions.
Both the Sonoma County DUI court case and the Santa Rosa DMV case will be dismissed if the detaining officer cannot justify the original stop or detention, even if he/she believed in good faith that there was a justifiable reason to stop you. This defense arises if you were actually doing nothing wrong when you were stopped or detained and/or Sonoma County law enforcement had no reason to believe you had been driving under the influence.