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Probable Cause for Los Angeles DUI
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Probable Cause for Los Angeles DUI Arrests
Getting arrested for DUI can be a scary experience. Understanding what constitutes probable cause in a DUI case is important for anyone arrested on suspicion of drunk driving. This article will explain probable cause and reasonable suspicion, discuss common signs of DUI that establish probable cause, and provide information on challenging a lack of probable cause in Los Angeles DUI cases.
What is Probable Cause?
Probable cause refers to the level of proof needed for police to make an arrest or conduct a search. For a DUI stop and arrest, officers need:
- Reasonable suspicion to make the initial stop
- Probable cause to make the DUI arrest
Reasonable suspicion is a lower standard than probable cause. It means police must have some objective, factual basis for suspecting you’re engaged in criminal activity. Weaving within a lane, driving well below the speed limit, or crossing over lane lines could establish reasonable suspicion to pull you over[1].
For the actual DUI arrest, officers need probable cause. This means there must be enough facts and evidence to lead a reasonable person to believe you were driving under the influence. Simply smelling alcohol on your breath or seeing bloodshot eyes does not rise to the level of probable cause[2].
Common Signs Establishing Probable Cause for DUI
While the smell of alcohol alone does not prove intoxication, officers often look for a combination of signs. Some common indicators creating probable cause for a Los Angeles DUI arrest include[3]:
- Failing field sobriety tests
- Slurred speech
- Difficulty understanding instructions
- Inability to balance or walk normally
- Vomiting or signs of nausea
- Open containers of alcohol in the vehicle
- Admitting to drinking alcohol recently
- Dangerous driving such as swerving, tailgating, etc.
The more evidence police collect, the stronger the case for establishing probable cause. However, you do have legal rights during a DUI investigation. This includes the right to refuse voluntary roadside sobriety tests. Never admit to drinking or feeling impaired, as this gives officers more ammunition[4].
Challenging Probable Cause
If you were arrested without sufficient probable cause, the DUI charges could potentially get dismissed. A skilled DUI attorney will review the arrest report and evidence to determine if you have grounds to challenge probable cause[5].
For example, let’s say the officer pulled you over for speeding 10 mph over the limit. He then claimed you had red, watery eyes and smelled of alcohol. After you refused to take voluntary roadside tests, the officer arrested you for DUI.
In this case, bloodshot eyes and an alcohol odor may not be enough to establish probable cause. There are also medical conditions that cause red eyes. And the smell of alcohol alone does not mean you were impaired. This may be a situation where an attorney can file a motion challenging probable cause and request the DUI charges get thrown out for an unlawful arrest.
Fighting Back Against False DUI Accusations
Getting arrested for DUI can happen easily these days. Officers are quick to make arrests, even without sufficient probable cause. Never submit to voluntary roadside tests or answer questions if pulled over on suspicion of drunk driving. Be polite, but assert your right to remain silent and speak with an attorney. The more information you provide, the more it can be used against you.
It’s also important to remember that the legal blood alcohol limit in California is .08%. You can still get arrested for DUI even if your BAC is below that level. Factors like poor driving, slurred speech, or failing sobriety tests are often enough for police to make an arrest, even with no breath or blood test results.
Having an experienced DUI lawyer review your arrest details could make all the difference. If there was no probable cause, a good attorney will fight to get the charges dismissed. Don’t let a false DUI accusation ruin your life. Know your rights and fight back.
References
[1] Probable Cause, Reasonable Suspicion and DUI Arrests
[2] Reasonable Probable Cause in Los Angeles DUI
[3] Probable Cause Defense in a California DUI Case