DUI Defenses: Probable Cause and BAC Tests

First of all one must understand the laws in order to understand the DUI defense that is appropriate for DUIs and BAC tests.  The “reasonable person” is the first issue to understand.  The reasonable person is an imaginary being who exercises average care, skill and judgment in conduct and who serves as a standard for criminal and civil matters. 

Probable cause is when the facts and circumstances within the police officer’s knowledge are so sufficient that the reasonable person would believe a suspect has committed, is committing or is about to commit a crime – that you have been drinking and are driving. Reasonable suspicion is the step before probable cause – it would appear to a reasonable person that a crime may have been committed.

Probable Cause and a DUI

Keep in mind that in most of the country, a reasonable suspicion is all that is needed to make the stop and to briefly detain the driver.  However, most often officers will stop you for some minor traffic infraction at night as insignificant as a poorly lit license plate.  That way they have stopped you for more than their reasonable suspicion. 

Now, if the officer stops you for a DUI without having any reasonable suspicion to do so, or has not shown that a traffic violation has occurred, the DUI would not stand up in court.  The Supreme Court has ruled that reasonable suspicion is all that is necessary for the stop and brief detainment. 

Now along the same lines, that reasonable suspicion is all that is necessary for requesting a BAC test.  You, of course, have the right to refuse, but this may cost you your freedom.  The reason for this is because some states have an implied consent law which simply stated means that if you agree to get your driver’s license, you are agreeing to any test required to determine your BAC during a DUI stop.

That officer will, however, need probable cause to arrest you, though he only needed a reasonable suspicion to stop and investigate.  The BAC is the way that officers many times escalate that reasonable suspicion to the level of probable cause.  Then they can make the arrest.   Without probable cause to make the arrest, you may be able to beat that DUI. 

Legal Assistance

If you have been arrested for a DUI, you should contact an experienced DUI attorney as soon as possible.  The legal difference between reasonable suspicion and probable cause can be a very fine line, and your attorney will be able to help you fight the DUI and your arrest.