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.
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DWI Probable Cause »
However, the officer must have probable cause that the driver was driving while intoxicated before he can arrest a driver for drunk driving. The standard of a probable cause is higher than reasonable suspicion. Thus, if the driver is swerving a little bit then it doesn’t give an officer the right to arrest that driver for drunk driving.
Indeed, what the officer should do is that he must pull over the driver and assess the situation and after getting the driver perform field sobriety tests or observing him or her for a few minutes, and after knowing with reasonable certainty that the driver is intoxicated then only he may arrest him or her for drunk driving.
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Dui Defense Strategies: Errors of DUI Arresting Police Officer »
I can give you an advice that if you’ve been arrested for suspicion of driving under the influence (DUI) or driving while intoxicated (DWI) then you should keep in your mind that there are numerous factors that can work in your favor and result in dismissal of your case.
The burden of proof is on the government, meaning the arresting officer and the prosecution, for a conviction to be rendered. It is required that all aspects of the charges must be proven, which includes but is not limited to proper administration of sobriety tests, chemical tests, probable cause and search and seizure protocols and following the law. An error can be caused in each of these human, mechanical or procedural factors, and in this series of articles we will outline these errors, any of which can work in favor of yours. In the following article we will discuss the errors of a DUI arresting police officer.
Errors of DUI arresting police officer
There could be an error in the judgment of the officer who stopped you for any number of reasons. Furthermore, it may be possible that the way he administer correct procedure after the arrest could be improper. Here we are giving examples of what can hurt the prosecutions case and therefore help you:
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10 DWI/DUI Myths and Their Facts – Part-1 »
Common myths surround the subject of DWI and DUI. Here I have corrected them by giving scientific information and evidence related to these myths.
Myth # 1:
A person’s BAC reading could be lowered down by sucking on pennies.
Fact:
If you suck a penny or other copper, it will not affect the results of an alcohol breath tester BAC. Don’t ever try to be a sucker as doing this you does not make any cents.
Myth # 2:
A reliable sign of how much alcohol has been consumed and what is the level of intoxication is “Alcohol on the breath”.
Fact:
Actually alcohol is odorless means it does not contain any smell. It is believed by the people that actually the alcohol on the breath is the odor of things commonly found in alcoholic beverages. So the breath of a person who has taken a non-alcoholic beer will smell the same as that of a person who has consumed an alcoholic beer.
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