Driving under the influence (DUI) charges are a serious concern that can impact not only your current situation but also your future. The legal foundation for these charges often starts with the concept of probable cause, a critical element that law enforcement must establish before initiating a DUI stop or arrest.

This blog explores the probable cause requirement in DUI cases, its exceptions, and what you can do if you believe your rights have been violated. Contact Law Office of Michael L. Fell at (949) 585-9055 to request a free legal consultation.

What is Probable Cause?

Probable cause is a legal standard used by law enforcement to justify a traffic stop, search, or arrest. In the context of DUI, probable cause would mean that the officer has a reasonable belief, based on objective observations, that you are driving under the influence of alcohol or drugs. This belief must be supported by specific facts and cannot be based merely on a hunch.

For instance, if an officer observes erratic driving behaviors like weaving between lanes, driving without headlights at night, speeding, or excessively slow driving, these could all contribute to establishing probable cause. Additional indicators could include the smell of alcohol, slurred speech, or visible signs of impairment observed during a traffic stop.

Exceptions to the Probable Cause Requirement

One notable exception to the probable cause requirement in DUI enforcement is the use of DUI checkpoints. The Supreme Court has ruled that because of the public safety risks associated with drunk driving, DUI checkpoints are a lawful exception, even without specific probable cause for each vehicle stopped. However, these checkpoints must meet strict guidelines regarding their operation and public notification to remain constitutional.

It's important to know that at these checkpoints, you are allowed to turn away legally before entering the checkpoint, provided you do not commit any traffic violations. Refusing to pass through a DUI checkpoint does not itself provide probable cause for an officer to stop you.

Probable Cause to Arrest

Even after a lawful stop, police need additional probable cause to make an arrest for DUI. This might include observations of physical symptoms of intoxication, failed field sobriety tests, or breathalyzer results. Notably, you are not required to undergo field sobriety tests, and there are specific rules about when a breath test must be taken.

If you are arrested for DUI, the officer's observations and evidence gathered during the stop will play a critical role in your case. If there was no probable cause for the stop or arrest, any evidence obtained as a result could potentially be suppressed, meaning it can't be used against you in court.

Protecting Your Rights After a DUI Charge

If you've been charged with a DUI, it's essential to understand your rights and the intricacies of probable cause. An experienced lawyer can help evaluate the evidence against you, argue for the suppression of improperly obtained evidence, and ensure that your rights are protected throughout the legal process.

For those facing DUI charges, seeking legal counsel promptly is crucial. An attorney can provide guidance on how to proceed, including challenging the legality of a DUI stop or arrest based on probable cause. Contact Law Office of Michael L. Fell at (949) 585-9055 for a free consultation to discuss your case and explore your legal options. Your right to a fair process is paramount, and understanding the role of probable cause can significantly influence the outcome of your case.