2 things police must show to arrest you for a DUI

On Behalf of | Feb 3, 2022 | Drunk Driving |

If the police ticket you with driving under the influence (DUI), it is essential to examine all possible defense options. DUIs have harsh consequences, so it is worth a little of your time and money to look for ways to fight them.

Sometimes the best way to challenge the charge is on a technicality. That typically means the police officers did not follow the law to the letter. If you can show that, a judge may dismiss the charges against you. It happens more than you think.

Did the police have reasonable suspicion to stop you?

IThe police need reasonable suspicion that you were breaking the law somehow. f the officers saw you weaving all over the road, or asleep at the wheel they almost certainly had reasonable suspicion you were drunk. However, they do not necessarily need to think you were drunk. Things such as speeding or having a broken tail light could give them enough reason. Officers can also stop you as part of a legal checkpoint. Again, the officers need to follow strict rules here.

Did they have probable cause to arrest you?

A court will decide whether or not you have committed an offense. Even if a Breathalyzer reading suggests you have, it will be up to the prosecution to prove it. The same applies if you fail a field sobriety test. Neither test is infallible, but failing them would give the police probable cause to arrest you for drunk driving.

Get legal help to verify if the police had both reasonable suspicion and probable cause. If they did not, that might be your line of defense. If they did, then there may still be other options.