What is there to know about probable cause and drunk driving?

The US Constitution serves to protect our freedom and justice. Courtesy of the constitution, a law enforcement officer cannot simply pull you over without any reason. Police need to have what is known as “probable cause” that you have violated a law in order to pull you over lawfully say marvelous Dallas, TX DUI lawyers. In this article we shall discuss how probable cause comes into play specifically for DUI arrests.

To pull you over the law enforcement officer first needs probable cause

As mentioned above, the officer cannot just stop anyone and everyone as he or she wishes. The officer needs to have probable cause in order to execute a traffic stop. Probable cause, in layman terms, is nothing but reliable information which exists and is sufficient to lead the officer to reasonably believe that the suspect whom he intends to pull over has broken the law or is about to break the law.

You may have seen this in the show The Killing in Season 4 with Det. Holder. This was not a situation of driving but this was a question of how you can speak to someone, certainly a minor, when you do not have enough evidence to charge them with anything. Det. Holder needed to back off. He did not have probable cause. This is not Cuba or Russia, citizens matter in America even if they are jerks which in this case this young man was to Det. Holder but nonetheless, Det. Holder had to refrain from speaking to him anymore. 

When it comes to a DUI, an officer cannot just pull you over and test you for drunken driving. He or she first needs probable cause. So for example, if the officer spotted a car driving haphazardly and was not maintaining a traffic lane, then this qualifies as probable cause and the officer may go ahead and pull the suspect over and subject him or her to sobriety tests accordingly, reiterate Texas DUI lawyers.

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Crashing your car will qualify as probable cause for a DUI

If you are involved in a car accident, then you need to know that the responding law enforcement officer or officers are within the legal scope to subject you to sobriety testing in order to check if you are driving under the influence. The probable cause in this instance is the fact that the accident transpired, say Dallas, TX DUI lawyers.

If you are facing a judge, you need all the help you can get and that will mainly come from a Dallas, TX DUI lawyer.

You can beat your case if there is no probable cause

If you feel that you were pulled over without reason and then arrested for a DUI, chances are that you can use this to have the case against you dismissed. Talk to a legal pro today to find out how you can beat your DUI case. It is the arresting officer’s responsibility to establish probable cause in the case. Failure to do so can result in the charges against you being dropped or in some cases, the prosecution will not even charge you to begin with.

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Behavior and conduct can also be deemed as probable cause

It is no secret that persons under the influence of drugs or alcohol display some specific characteristics and traits. Law enforcement officers have an eye for detail and are trained to identify this kind of behavior. Therefore, if you are behaving abnormally or you smell of alcohol or if there is open container of alcoholic beverage in the car, etc. these are all grounds for the police officer to go ahead and test you to see what your blood alcohol content is.

If you have been arrested and face DUI charges, it is vital that you seek help from a Texas DUI lawyer as soon as possible. The longer you wait the more you help the DA. Your legal counselor will need time to build a solid defense strategy to get the best possible outcome in your favor. And you certainly want this! If there is any issues with your case, you want your legal representative to attack this point zealously and sufficiently.

Contact us if you have any questions. We will probably call you back in a couple of hours.