Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « Probable Causes of Drunk Driving Arrest
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- United States police can arrest or detain a person for investigation without any serious violation of law. Two words can briefly describe police behavior that is Probable Cause. This makes the United States police different from other world police departments. A reasonable suspicion is required to question someone and law enforcement agency is bound to fulfill the requisite. Police cannot pull over a person on his skin color or of being national of some other country. They need to have some lawful grounds to question him/her. They can pull over the suspect if he is over speeding or break some traffic rules.
Above all they must have to see you doing something wrong while driving a vehicle or some one witness you driving violently.
Is Pull over is Legal under Probable Cause?
To stop some one without is some time complicated for the police. So most of the time uses some basic reasons to stop and investigate you. They can stop you on failure to use blinker, violation of traffic rules, over speeding, expired plates, driving violently, collision to some vehicle and disrespect of traffic lights.
And after stopping you they can ask you to carry out Field Sobriety Test (FST) or blood alcohol concentration (BAC) level or for breath analysis. But over all police must have some valid reasons to ask you such request for suspicion of drunk driving. Police must find some evidence for drunk driving by checking the vehicle. They can search for empty alcohol container, alcohol odor in car or can suspect driver’s behavior. And if you failed in field sobriety test or in chemical test for drug, police will charge you with DUI/DWI and will take you further for investigation.
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