Except during DUI checkpoints, the police must have probable cause to pull you over for a DUI.
If you watch TV crime shows, you may be familiar with the term “probable cause.” Perhaps you hear the police discuss probable cause to get a warrant, or see a defense lawyer argue that the police didn’t have probable cause to search their client’s house or arrest him. But what exactly does probable cause mean — and how does it apply in California DUI cases?
Probable Cause: The Basics
Probable cause is a relatively simple concept that can be complicated in how it is applied in real-life situations. It means that a law enforcement officer has a reasonable belief that a crime has been committed or is being committed. A reasonable belief has to be something that an officer can actually put into words — it can’t just be a hunch or a feeling that someone must have done something wrong. Whether or not probable cause exists in a case will depend on a number of factors — and how the judge in your case interprets the law and facts.
In DUI cases, probable cause means that a police officer had a reasonable belief that you were driving under the influence of alcohol or drugs. This may come from seeing you leave a bar, clearly intoxicated, and getting behind the wheel of a car. It can also arise from observing you drive and seeing you weave across lanes, drive without your headlights at night, drive too fast or too slow, hit objects with your car, or drift across lanes. Any of these things may give a police officer probable cause to pull you over and investigate whether you were driving under the influence.
Probable cause can also come from a witness who reports you to the police. This witness must be trustworthy and usually cannot be anonymous. It could be a bartender who sees you leaving the bar with your car keys in hand, a significant other who reports you for leaving their house after too many drinks, or a liquor store clerk who refuses to allow you to buy more alcohol because you are too drunk — and then sees you get into your car and drive away. It could also be another driver on the road who witnesses you driving erratically and calls the police to report possible drunk driving.
Probable Cause Exception: DUI Checkpoints
If the police need probable cause to pull you over on suspicion of DUI, you may be wondering how DUI checkpoints fit into the equation. The United States Supreme Court has decided that due to the danger of drunk drivers and the minimal intrusion of a brief stop, the police do not need probable cause to set up DUI checkpoints. However, the police have to follow certain rules for DUI checkpoints — and a Santa Ana DUI lawyer may be able to have your charges reduced or dismissed if they do not follow those rules.
Importantly, you do not have to go through a DUI checkpoint in California. As long as you can lawfully turn away from the checkpoint, you are free to do so. The police cannot force you to go through the checkpoint.
Probable Cause To Arrest
Once you are legally stopped for any reason, the police need another layer of probable cause to arrest you on suspicion of driving under the influence. If the officer notes signs and symptoms of intoxication, such as an odor of alcohol on your breath, slurred speech or red, watery eyes, this may be enough to arrest you for DUI. Probable cause could also come from a failed field sobriety test or breathalyzer results. Remember that you are never required to take a field sobriety test, and you are only required to take a pre-arrest breath test if you are under age 21 or are currently on DUI probation.
If the police did not have probable cause to stop your vehicle or to arrest you, then your Santa Ana DUI lawyer may be able to have any evidence from the stop or arrested suppressed — which means that it cannot be used against you. This could lead to your charges being reduced or dismissed.
If you have been charged with a California DUI, an experienced Santa Ana DUI lawyer can help make sure that your legal rights are protected — and that the police followed the law. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation on your DUI case.
