Before anyone can be arrested for Dui, the law enforcement officer should have a reason to justify their actions. Unfortunately, sometimes police arrest individuals even without any level of justification. They usually conduct their Dui activities without proper arrest procedures. That is why most of the defendants choose the best DUI lawyers in Miami to defend their case. If you have been arrested and charged with Dui, you will be doing everything possible to prove that the police never followed the legal procedures when stopping or arresting you; this all boils down to probable cause. The main question that arises during the arrest process is how much probable cause the police officers may need.
Probable Cause For Dui Arrest
The word probable cause is different from the reasonable cause. The latter is mostly heard when dealing with searches and seizures. It means that an officer must be justified when suspecting you of criminal activity before detaining you. Probable cause is the main issue taken into account for the arrest process. But before the arrest, police stop your vehicle to check for Dui, there must be a reason to suspect that you are under the influence. Some of the reasons may include:
- Trouble answering questions
- Violation of traffic rules such as failure to turn on headlight at night
- Drinking in the vehicle
After stopping you, the police may observe an impaired driver’s possible indicators, such as the smell of alcohol or having alcohol bottles in the car. The office may perform chemical testing or ask you to perform field sobriety tests. For the officer to stop you at a checkpoint, they don’t require any probable cause. The next step of the investigation is that the police must have reasonable suspicion for driving under the influence. If you are to be prosecuted for Dui, the main issue would be whether the arrest was probable. This is because an arrest would be an invasion of your privacy and no officer would dare make a mistake. Thus, the officer must have probable cause that may lead to arrest. Where there is probable cause, the prosecutor is always eager to base your charges on two things:
- The number of drugs in your body
- The level of impairment
This doesn’t mean that an individual can be charged for two separate crimes; the idea here is always for the prosecutor to find a reason for your conviction. That’s why drivers or motorist arrested for DUI makes sure to contact Torrance Dui attorney for the best defenses and to guide how the charges are defined in California. Even though a police officer has probable cause, the final say rests with the judge. If your lawyer is conversant with the courtroom, you may rest assured that he/she knows the strategy to convince the judge and get your case dismissed or dropped.
The Amount Of Information Needed To Justify A Probable Cause For Dui Investigation
Determining whether there is probable cause that may lead to arrest depends on the facts of each case. However, the fact is that a probable cause is more than reasonable suspicion. There must be an objective cause beyond a reasonable doubt that led the police to believe the defendant could be under the influence. The police must point out specific facts of why he/she believed you were driving under the influence. Below are the facts that may lead to a probable cause:
- Having a BAC over the legal limit: To prove impairment, the BAC limit should be 0.08% or more. A driver can even be guilty if the level of BAC falls under the limit. This is if the person is unable to drive compared to a sober driver under such circumstances.
- The driver doesn’t perform well in field sobriety tests. For instance, if a driver stagers when the one-leg stand or the walk and turn test is done, this may be a reliable indicator that there is alcohol impairment.
If the police can establish probable cause due to the above tests, you can be prepared for a Dui arrest. This will act as an ignition to the officer since they will have obtained evidence of impairment to be used in court.
Why You May Need An Attorney For Your Dui Arrest
Your arrest will only be lawful if the police have probable cause that you committed the crime of driving under the influence. If your field sobriety test performance was poor, your lawyer might argue that it was brought about by reasons other than impairment. Though it’s the work of the judge or jury to come up with the final decision, an experienced lawyer may lure the judge to make the decision in your favor. If you have been arrested for Dui, you can contact an experienced Dui to help you obtain the best defense.