A person can only be arrested under specific circumstances in Colorado. When a person is arrested without any good reason, he or she may be able to use the improper arrest as part of one's defense, and it may be able to aid when attempting to have charges dismissed.
When it comes to arrests relating to DUI charges, a police officer needs to have a good reason to arrest a driver. The officer needs to either have witnessed the driver committing a crime, have proven that the driver committed a crime or have a "probable cause" to suspect criminal activity.
Witnessing a crime
It is possible for a police officer to pull over a vehicle and immediately arrest a driver when the police officer witnesses the driver commit a crime. For example, an arrest can be lawfully made when the vehicle is seen to be driving erratically, recklessly or at extremely high speeds.
Having probable cause to believe that a DUI crime has been committed
It is also a crime for bottles to be thrown out of a vehicle when it is moving, so a vehicle can be pulled over for doing this. If the driver exhibits drunken behavior and refuses to take a Breathalyzer test, there is now probable cause, and the police officer can lawfully arrest the individual.
In the same light, when a driver takes a Breathalyzer test and blows over the limit, he or she will face arrest, even though it is possible that the Breathalyzer test was inaccurate. This can be challenged further down the line.
When could an arrest be unlawful?
The police officer must evaluate every situation objectively, and many police officers have been accused of arresting drivers or pulling over drivers on a discriminatory basis, leading to improper arrests. All people have the right to be free from searches and seizures when they are unlawful, and they should not be subject to unnecessary force or violence at the hands of a police officer.
If you believe that you were unlawfully arrested as a driver, it is important that you research the law in Colorado and that you stand up for your rights.