To pull a motorist over, police must have probable cause to believe that a violation has occurred. This applies equally to all areas of law, but in DUI cases it can be significant. Below is a list of five things drivers should know about DUI and probable cause.
Officers Must Have Probable Cause
In the simplest terms, probable cause means that the officer has enough reliable information to support the belief that a person has committed a crime (in this instance, DUI). It takes little for an officer to show probable cause in drunk driving cases. For instance, if an officer states that he or she saw a motorist driving as if impaired, probable cause exists.
An Injury or Accident Can Serve as Probable Cause
Hopefully, an officer did not discover a person who has caused an accident or injured themselves or someone else. Evidence from these events often forms the basis of a conclusion that there’s probable cause to make a DUI arrest.
Motorists Can Fight Arrests Occurring Without Probable Cause
If the police apprehend a motorist without probable cause, an attorney can file a motion to suppress evidence, which can result in a case dismissal. However, in cases where it’s the motorist’s word against the officer’s, these claims do not typically succeed even with the help of a Drunk Driving Attorney in Timonium MD.
A Driver’s Behavior Increases Probable Cause
Probable cause is initiated by the officer’s observations of a motorist’s driving behavior. However, observation continues after a stop is made, as the officer gathers additional information. For instance, if an officer pulls a driver over for running a stop sign but notes the smell of alcohol on the person’s breath, they may have probable cause for DUI charges. Every move a driver makes is carefully monitored and is used against them in court.
Probable Cause Does Not Justify a Pretext Stop
Even though an officer can pull a driver over for a basic traffic offense, they cannot use the stop as a reason to launch an investigation. For instance, unless police have cause to believe that a vehicle contains contraband, they cannot search it when the driver has been pulled over for a routine violation.
Click here to find out how a Drunk Driving Attorney in Timonium MD can offer legal advice if a person has been arrested for DUI.
