Officers must have probable cause for many aspects of law, as it is a requirement to make an arrest in many cases. The same can be said for cases involving a DUI. To pull you over, you may know that officers require meeting “probable cause.” We will help you understand what is necessary in your case, and what you are permitted to fight.
Probable Cause and DUI
Pulling You Over: An officer needs to have probable cause to pull you over, which means that enough information exists to support the fact that you may have committed a crime. In many cases, it doesn’t take much for officers to conclude that they have probable cause. You could be swerving all over the road, making erratic decisions, and so much more. By observing a traffic violation, officers have the probable cause that they need.
Accidents and Injuries: Sometimes, injury to yourself or others in the form of an accident is enough to bring the officers to the scene. Usually, this is enough for an officer to suspect DUI and move forward on this.
Fighting the Charge: You should understand that, if you were pulled over without any probable cause, you may be able to fight the charge later on down the road. This is brought through a motion to suppress, which can result in the case being thrown out. However, if a DUI crime was actually committed, there is a good chance that you will not lose these charges, as many times the case will succeed against you when a crime was involved.
Bad Behavior: Bad behavior leads to a police officer having probable cause to suspect that you were drinking and driving. Perhaps an officer witnessed you running a stop sign and then smelled alcohol on you when he was pulling you over. This could be enough to charge you with a DUI. A police officer, when pulling you over for one thing, will observe what you are doing and watch for evidence of a DUI.
If you have been charged with a DUI, it is very important to understand your rights on the matter. Perhaps you believe that the events surrounding your arrest were unfair and you want to know what you are up against. If this is so, give us a call today at The Law Office of Peter Blair. We will help you understand what happens in a DUI case and how we can help you.