Question: Is weaving enough to get arrested for DUI? Pulled over on 405 near Encino for DUI, and arrested for DUI in Van Nuys jail with court there.

Pulled over for weaving

Question:  Is weaving enough to get arrested for DUI?  I was pulled over on 405 near Encino for DUI, and arrested for DUI in Van Nuys jail with court there coming up in a few weeks.  The CHP officer told me I was weaving.  I don’t think I was weaving.  Mabye going back and forth in my lane a little bit like everyone does when they drive, but not doing anything crazy.   Am I just out of luck since I blew into the Breath machine with a .10 result?
Answer: Whether there was probable cause for the officer to pull you over based on weaving depends on some factors that I would need more information on.  If the reason does not add up to probable cause, then it is possible to get the entire case dismissed even though you blew a .10.   There is case law that says that not all weaving (on it’s own) establishes probable cause to pull someone over.
And if the officer should not have pulled you over in the first place, everything that happened subsequent to the stop gets dismissed.
In th event the case was not dismissed based on a lack of probable cause issue, driving pattern can be used against you in the DUI case (or in some instances, can also be helpful in defending a DUI case).  I regularly handle DUI cases in Los Angeles, including Van Nuys. My office is actually located between Van Nuys and Encino, CA, in Sherman Oaks. Call me to discuss further at 1-336-1 DUI
Phil Hache,
Criminal Defense & DUI Attorney
Handling DUI and Criminal matters throughout Courts in Southern California including Van Nuys, CA, San Fernando, CA, Burbank, CA, Glendale, CA, Pasadena, CA, Metropolitan Court, Bellflower, CA, Alhambra, CA, Malibu, CA, Compton, CA, Santa Clarita, CA, Airport Court, Chatsworth, CA Inglewood, CA, Los Angeles, CA and other Courts