In a DUI case, probable cause is a key evidential standard. It refers to the facts or evidence that would lead a reasonable person to believe a crime has been committed. Before police can arrest someone for DUI, they must have probable cause to think the driver was breaking the law.
Below are some key factors to consider.
Reasonable suspicion vs. probable cause
Police need reasonable suspicion to pull over a driver. This means they saw something that made them suspect the driver might be impaired or breaking traffic laws. Examples include swerving, speeding or running a red light.
Once the car is stopped, probable cause is needed before the officer can make an arrest. Probable cause is a higher evidential standard. It must be based on specific signs of impairment, like slurred speech, the smell of alcohol, failed field sobriety tests or a high blood alcohol level on a breath test.
What counts as probable cause in a DUI case
Probable cause is based on clear signs that suggest a driver is impaired. Officers may notice slow reactions, trouble answering questions or unsteady movements. Field sobriety tests help check balance and coordination, while chemical tests can confirm alcohol or drug use.
It’s not about one detail alone. Probable cause comes from the full picture. Officers must be able to explain how the evidence pointed to DUI at the time of arrest.
What if there is no probable cause?
If someone is searched, arrested or charged without probable cause, the case may be dismissed. Evidence collected unlawfully can be suppressed, meaning it cannot be used in court. This can lead to reduced charges or even a dismissal.
Understanding probable cause protects your rights and ensures fair treatment during DUI stops. If you have been charged, it’s essential to seek legal guidance.