Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Probable Cause in DWI Arrests
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- On one of the Saturday nights while you are driving home late, you had a look in your rearview mirror and caught a glimpse of the dreaded red and blue flashing lights. One of the cops came near to your window and you were asked to step out of the car. After taking some field sobriety tests, they took you to the police station and then you are charged with a DWI. Someday you were out at a party, and the results of your breathalyzer test shows that you have a BAC level above the legal limit of .08. It seems to you like case has been closed for you – Isn’t that?
Yes it is not wrong that a large portion, even though a majority of DWI-related arrests lead to a subsequent conviction in court. Having so many laws that require DWI suspects to submit to test after test, and breathalyzer devices are widely used despite of fierce ongoing controversy over its reliability, it is a little surprise that many people feel helpless when they face a DWI charge.
Unreasonable Search and Seizure – What it Means for DWI Arrests
It has been stated in the Fourth Amendment to the US Constitution: “The right of the people to be secure … against unreasonable searches and seizures, shall not be violated … but upon probable cause.”
In fact such a simple statement is considered as part of the highest law in the land, what it means is that it overrides and governs all other laws – these laws includes those associated with DWI. So, briefly explaining, despite having what the case appears like in a DWI case, prosecutors cannot obtain any DWI conviction if there is no probable cause for the initial arrest.
What is the Meaning of Probable Cause Standard?
The meaning of probable cause standard is that, in order to have you pull over in the first place, it is required that a police officer must have a reasonable belief that you have or are committing a crime i.e. you were driving while intoxicated. In a court of law, the presence of probable cause is questioned by a good DWI defense lawyer.
Examples of Valid Probable Cause
Following are few examples of valid probable cause:
• While driving the suspect was swerving erratically
• The suspect Stopped abruptly without any reason
• The suspect was drifting between lanes
• Excessively wide turns were being made by the suspect
• The suspect was driving at extremely high or low speeds
If the police officer failed to present any solid justification that he had a good reason to pull you over, then the violation of your Constitutional rights would immediately voids any evidence against you that has been resulted from the arrest and it is expected that your case will be dismissed.
Things That You Should Note During Arrest
Due to this reason it is important that you try and note the following details during the arrest:
• Where were you going?
• What was your own level of intoxication (if any)?
• What was the reason given by the police officer for the stop?
• What were you asked by the police officer to do?
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