Using Probable Cause in a DUI Defense Strategy

It is important for a police officer to have probably cause. DUI defense strategies can be built around situations in which the officer did not have probable cause and pulled a person over anyway. There are many other types of legal defense strategies available to those who are facing DUI charges. If you are dealing with a DUI, speak with an attorney who can help you to get any charge you are facing dismissed, reduced or fought properly in a court of law.

What Is Probable Cause?

With probably cause, DUI charges may be filed, or a police officer can pull you over to get more information. In short, you must do something that alerts the police officer that you could be driving under the influence or otherwise may be operating a vehicle improperly. For example, if you are completely sober and driving down a street, a police officer cannot pull you over, handcuff you and take you to jail for DUI. The same is true even if you were drinking. There must be something that gives the officer an indication that you are doing something illegal in order for him or her to pull you over.

There are many examples of what probable cause in DUI cases can be, but some of them include:

• You were swerving while driving.
• You crossed over the center line.
• You did not signal properly before turning.
• You were driving erratically.
• You did not stop fully before making a turn or going through a stop sign.
• Someone informed the police officer that you were drunk, such as someone who you were with prior to leaving your destination.

If you can prove in a court of law that you did not do any of these things, or other things that may be viewed as probable cause, you may be able to use that in a court of law to prove that your DUI is not legal. In short, it does not matter what the outcome of blood alcohol tests are if the officer did not have probable cause to pull you over in the first place.

Hiring an Attorney

There is no doubt that using probable cause as a legal defense against DUI is a challenge. Ensure you hire an attorney to fight this charge with you. The attorney will provide you with the best possible opportunity to avoid the legal case you are facing by getting your charges dismissed or downgraded.