What is Probable Cause or Reasonable Suspicion for a DUI (or DWI) Arrest?

It is reasonable suspicion and/or probable cause that compels a police officer stop and arrest you, if he/she suspects you of DUI or driving under the influence. To pull you over, the police should have "reasonable suspicion" of you violating the law, while to apprehend you the officer requires much more which is known as "probable cause". You and your Flagstaff, AZ DUI lawyer will discuss this if you have been charged with something or if you are on the verge of going through this process.  

Reasonable suspicion

Reasonable suspicion signifies that before pulling you over, a police officer should have an objectively reasonable basis to suspect you of criminal activity. This violation can be about anything, such as erratic driving, speeding, operating a vehicle using faulty equipment, or a series of other factors.

Probable cause

Probable cause remains the basis by means of which all judges appraise arrests. As per Arizona DUI attorneys, there is probable cause for an arrest if the available facts of the case sustain an objective belief that a suspect has committed a criminal act. Police officers seek such facts whenever they suspect the driver of a motor vehicle of a DUI.

The driving of your vehicle can be the primary factor that a police officer appraises or evaluates in determining if there’s probable cause for a driving under the influence arrest. For the most part, this is just the beginning of the process of investigation. Evidently, there is no need for an officer to really see suspicious driving on your part to form a belief that you are drunk, although proof of an injury or accident may as well result in that conclusion.

Furthermore, erratic driving might not always be the basis for a DUI stop. For example, it can be you running a red light, but only after pulling you over the officer begins to suspect that you are a DUI driver.

Irrespective of the reason for the detention, once you are pulled over, the police officer will observe, listen, and consider the issues mentioned here:

• Acting suspiciously while remaining in your car
• Have difficulty in getting your license or registration
• Possible evidence of drug or alcohol use, in the form of odor from your breath or emanating from you person

The moves you make are observed carefully, for probable evidence of any impairment, and duly noted to be used later against you if you choose to fight these charges that are probably coming. All this is sure to appear in the police report. This report will be scrutinized by your Flagstaff, AZ DUI lawyer.

Arguing lack of probable cause or reasonable suspicion 

It can be a challenge to argue that a police officer lacked probable cause and also reasonable suspicion. But officers do make mistakes at times, and when this happens, there can be a dismissal of charges against you or you are not found guilty.

For example, a driver’s DUI lawyer can prove that the police officer didn’t have any convincing basis for pulling you over in the first place. If reasonable suspicion is found lacking for the arrest, then everything that follows is usually inadmissible to the judge.

Arguing a lack of probable cause will not always get you out of a DUI case. For this you need to hire an Arizona DUI lawyer as soon as possible, which is your best recourse if you happen to be fighting a DUI charge. You can one of the best DUI legal representatives in the Flagstaff area right here: http://www.flagstaff-criminallawyer.com/. You need legal help. There is no question about that. You have already made possibly one mistake, do not compound that mistake by overlooking this website. Your charges can possibly be deflected or reduced if you have the right legal help that knows the Flagstaff area and this law in and out.