Tuesday, 06 April 2010 05:31

Probable Cause and DUI Arrests

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When it comes to DUI arrests, there is no clear definition as to what constitutes probable cause. Probable cause is a grey area and a concern for many lawyers defending DUI cases.

Probable cause in relation to drunk driving means that law enforcement has to have a reason for stopping you. If facts and circumstances lead an officer to reasonably believe that a you have, or are about to, commit a crime, you may be arrested.

Keep in mind that in order for law enforcement to arrest you for drunk driving, there are a number of things that need to take place:

1) Law enforcement has to have a reasonable suspicion that you were driving under the influence in order to pull you over. An example of this is an officer observing a driver driving erratically or weaving in and out of traffic.

2) When law enforcement pulls you over, they may have "hunch" that you've been drinking by smelling alcohol on your breath. They may also take note of any empty alcoholic containers in the car, if any.

A drunk driving defense lawyer's job is to investigate the incident and determine whether or not there was indeed probable cause that led to a DUI arrest. On the other hand, the prosecution has to come up with enough evidence to prove that you were indeed driving under the influence.

If you've been arrested for a DUI in San Diego, make sure to hire a defense lawyer who specializes in DUI cases.
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