What is reasonable suspicion and probable cause in a DUI arrest?

For the most part, a police officer can only ask you to pull over if your driving demeanor has given him or her probable cause and reasonable suspicion. Under the US constitution citizens are given the right of freedom of movement. This means that the law enforcement authorities have no right to ask you to stop arbitrarily.

When a police officer asks you to pull over he must have reasonable suspicion that you have violated the law. On the other hand if the police want to make an arrest then they must show probable cause behind their decision. This is not Cuba! This is not the Soviet Union. Every American citizen has certain rights.

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Defining Reasonable Suspicion

An officer must have reasonable grounds for suspecting criminal violation before detaining someone. To put it simply when an officer asks someone to pull over his actions must have the backing of reasonable suspicion of violation of traffic laws. According to Arlington, VA DUI lawyers officers usually ask drivers to stop when they notice erratic driving, speeding, driving with faulty head or tail lights, and so on.

If you are driving a car like in the movie Trains, Planes, and Automobiles you should know that you will be pulled over. If the car has been half burned, all the gauges do not work or the speedometer and so on, if you do not have a rear view mirror and if the side mirrors have been damaged, the top of the car burned off, then you should expect that you may be pulled over. If temperature is about 10 degrees and your car does not have a top, that can also raise some suspicion. Do not be a Del Griffith! And if you drive a car like this while being drunk, the penalties will certainly increase.

What is Probable Cause?

Probable cause is nothing but facts that support the belief that a particular person has committed a crime and an officer often makes an arrest based on this belief. A judge evaluates arrests based on the standard furnished by the probable cause. After the officer suspects drunk driving, he/she will look for such facts that will clearly establish that a motorist is driving while intoxicated.

DUI attorneys in Virginia say that patrolling officers do not always evaluate probable cause for a DUI based on erratic driving. An officer can ask you to pull over for other traffic violations such as speeding or jumping a red light and then charge you with DUI if they find probable cause for an arrest. Following a stop, your demeanor will be under review as soon as you turn off the ignition.

After you are detained the officer will observe you closely and will arrest you if show the following signs:

• If you are behaving suspiciously in your car.
• If you fumble to provide your license and registration.
• If the officer detects evidence of drugs or alcohol on your breath, slurry speech, blood shot eyes, drug paraphernalia such as syringes, and so on.

Your body language, demeanor, and every move you make will be observed by the officer/s. This will be detailed in the police report and can be used against you by the prosecution.

Arlington, VA DUI lawyers illustrate that an officer can ask you under the implied consent law to submit to a BAC test. Your license will be automatically suspended for a year in addition to other penalties if you refuse to submit to the tests.

How to defend someone based on lack of probable cause and reasonable suspicion?

Often times legal representatives of those arrested try to prove to the court that the DUI arrest was made without reasonable suspicion and probable cause. This is argument is hard to establish but sometimes police officers do make mistakes and evidence gathered during the bust is made inadmissible.

For example, a defense attorney could possibly prove that the driver was asked to stop without a valid reason. The driver provided no reason for suspicion when he was detained. The court will suppress the evidence if either of these are the case, and there are some reasons too, that was gathered after the stop even when it indicated that the person was intoxicated.

If you are facing a DUI charge you need to be aware that this conviction can affect your life in more ways than one. Therefore, if you are serious about beating the charges make sure to contact a DUI lawyer in Virginia now. Your legal counselor will determine the best possible defense strategy to help minimize the damage that you are facing.