Police arrest you to protect the community?

DUI: Community Caretaker Limitations

The limitations of the community caretaker doctrine---which allows police officers to help distressed citizens---to arrest an individual for drunk driving permits a Rancho Cucamonga DUI attorney to build a strong defense against the validity of the charge.

Limitations Differ in Each State

Some states have adopted certain guidelines or thresholds on the community caretaker doctrine that substantially limits its scope in validating a DUI arrest. For instance, in Texas, the court imposed guidelines for this doctrine and reversed the DUI conviction of the defendant. The officer, who initially observed the defendant vomiting on the side of the road, later pulled him over on a suspicion for drunk driving. The Texas court found that stopping the car was not legal and did not meet the community caretaker doctrine.

The California Supreme Court has imposed similar limitations on the community caretaker doctrine. The Court found that there must be a risk of major property damage or a substantial risk to life in order for the community caretaker doctrine to be legally used to validate a DUI stop and arrest.

Your Rancho Cucamonga DUI attorney will analyze the specific facts surrounding your case to determine whether the community caretaker doctrine was valid as an underlying basis for your DUI arrest.

We Can Help

If your drunk driving charge is based upon the community caretaker doctrine, it is in your best interest to hire a lawyer immediately to investigate the facts surrounding the case to determine whether you were legally detained.

To schedule a complimentary consultation with Rancho Cucamonga DUI attorney Kirk Tarman, please call 909-466-9800.

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