Legalese makes for muddy waters in a DUI arrest, and what you do not know can harm your case. For instance, the two terms “reasonable suspicion” and “probable cause” arise frequently in DUI cases.
Knowing what these terms mean and the role they play in your case can open defense avenues you might not have considered.
What is reasonable suspicion?
The police must have reasonable suspicion of impairment or unlawful activity before they can pull drivers over. Satisfying this element allows police officers to detain motorists for further investigation. For example, if the officers observe erratic driving or swerving, they may have reasonable suspicion to make a stop and check for impairment.
What is probable cause?
Probable cause is a higher standard and requires more concrete evidence for a DUI arrest. It means there is reason for the police to suspect a motorist of illegal conduct. In a DUI stop, probable cause might include the smell of alcohol, slurred speech or failing a field sobriety test. The probable cause standard must be met before the police can arrest the driver and proceed with chemical testing.
How do the two standards intersect?
As discussed, law enforcement must have reasonable suspicion before stopping a vehicle. The subsequent interaction allows them to investigate and satisfy the probable cause element. They do this through observation, looking for signs of intoxication.
If signs are apparent or sobriety tests were failed, the police may have probable cause for an arrest. As such, probable cause cannot be established without first establishing the reasonable suspicion standard.
Why does it matter?
Police officers are human and just as prone to errors as other individuals. With legal guidance, it may be possible to identify a mistake or a rights violation that can get your case dismissed. Even if officers didn’t make any mistake, having legal guidance can help protect your rights and work toward the best possible outcome for your case.
