If you are not driving safely, it may give the police cause to pull you over — and investigate whether you are driving under the influence of drugs or alcohol.
If you’ve been stopped on suspicion of driving under the influence, you may wonder how the police even knew to stop you — and if they were legally able to do so. The legality of a DUI stop depends on whether you were doing anything that gave the police a reason to think that you were driving under the influence. This is known as probable cause.
What Is Probable Cause?
Probable cause is a legal term that means that a law enforcement has a reasonable belief that a crime has been committed or is being committed. A police officer has to be able to articulate the basis for probable cause; a “hunch” is not enough to allow a stop. For DUI cases, probable cause may arise if you are:
- Weaving
- Drifting
- Driving too fast or too slow
- Hitting or nearly hitting objects, including other vehicles
- Braking inappropriately
If a police officer witnesses you doing any of these things, he may have probable cause to pull you over and investigate you for driving under the influence. Additionally, probable cause may arise if a trustworthy witness reports you to the police. This may include a bartender who noticed you getting in your car after too many drinks, a friend who tried to convince you not to drive, or even a store clerk who thought that you were intoxicated and then witnessed you getting into your car. Importantly, anonymous tips are usually not sufficient; they are not reliable enough to form probable cause for an officer to stop you.
There is an exception to the probable cause requirement in DUI cases. Courts across the country, including in California, have determined that probable cause is not needed to stop vehicles at a DUI checkpoint. This is because the state’s interest in prevent drunk driving outweighs the minimal intrusion on drivers. But as any skilled Los Angeles County DUI attorney will tell you, you do not have to go through a DUI checkpoint. In California, you are allowed to lawfully turn away from a checkpoint, and cannot be forced to go through it.
How Probable Cause Affects DUI Cases
While the police may stop you because of erratic driving or a witness tip, they may also pull you over for any traffic violation or anything wrong with your car, such as a broken tail light. Once you have been stopped, the police can investigate you for DUI if they can articulate why they suspect you of driving under they influence. If an officer observes signs of intoxication, this is usually enough probable cause to investigate further. These signs may include:
- Odor of alcohol on your breath
- Red, watery, or glassy eyes
- Slurred speech
- Alcohol in the car
Finally, probable cause is required before you can be arrested. The officer must be able to say why exactly he arrested you for a DUI. The reasons may include failing a field sobriety test or breath test, or admitting that you have been drinking.
If the police lacked probable cause to stop your vehicle, investigate you for driving under the influence, or arrest you for DUI, a Los Angeles County DUI attorney should request to have this evidence suppressed. This means that the evidence won’t be admissible, and it may result in the charges against you being reduced or dismissed.
If you have been charged with DUI, you need an experienced Los Angeles County DUI attorney to stand up for your legal rights. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we can help you get a favorable resolution to your DUI case.
