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610-436-1410
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610-436-1410When the police stop someone for suspected DUI, they start looking for evidence immediately. From the questions they ask to the test they suggest, everything is designed to collect evidence of impairment. In fact, there are various ways police establish probable cause in a drunk driving incident.
Some background on the legal concept of probable cause may be useful, but you should discuss the details of your case with a Pennsylvania DUI attorney if you’re facing similar charges.
Call (610) 436-1410 today or contact Skinner Law Firm online to set up a free and confidential consultation.
Probable cause is the legal reason a police officer has to suspect there is some kind of crime being committed. If police think there is a driver operating while under the influence of drugs or alcohol, they need to identify behavior that could indicate that use.
Some indicators of impaired driving includes driving erratically, violating traffic laws, crashing into other vehicles, or driving excessively fast. However, probable cause isn’t always obvious. The 14th Amendment to the U.S. Constitution protects citizens against unreasonable searches and seizures. That means police cannot simply stop you because you swerved once. They also need more than a hunch to charge you with an offense, which is why hiring a DUI defense attorney to fight your arrest is so critical.
In general, probable cause requires facts that demonstrate a high probability that the driver is impaired or consumed alcohol in excess of the legal limit. Visual findings, like a driver’s mannerisms, speech, or behavior, can be enough to meet probable cause standards. A police officer may also establish probable cause by other circumstances, including the smell of alcohol or open containers in the car.
In Pennsylvania, authorities may also use field sobriety tests to establish probable cause. The Walk-and-Turn and One-Leg-Stand tests are typically used to evaluate inebriation. The Horizontal Gaze Nystagmus test assesses your impairment by determining how well you can focus on a moving object, such as a pen.
After establishing probable cause, an officer can proceed to tests that provide more concrete evidence of drunk driving. This includes using a breathalyzer or blood test.
If the police fail to identify facts that lead to probable cause to arrest you for DUI, any evidence gathered from that point on may not be admissible in court. This may lead to a dismissal in some cases.
If you’ve been charged with a DUI in Pennsylvania, you have every right to defend yourself. You can take on your case alone or work with a public defender, but you stand a much better chance of working with a skilled and experienced Chester County DUI defense lawyer like Attorney Mike Skinner. Your attorney has many avenues to challenge your DUI charge.
One of the quickest ways to find issue with a DUI charge is how the whole interaction started. Police need to have a reasonable suspicion to instigate a traffic stop. The probable cause for a DUI arrest comes after they pull you over. But if your DUI defense attorney can prove the police lacked a reasonable suspicion to pull you over in the first place, they can argue all evidence collected afterwards is inadmissible.
Some officers make arrests after they pull drivers over for a minor infraction, a tactic called “pretextual stops.” You can challenge these arrests if an officer kept you longer than necessary trying to fish for bigger offenses.
Some people report people they suspect are driving drunk to the police. Some of these reports are valid, but many could be rushed or inaccurate. Several car makes and models look similar — you could be pulled over for simply driving a car that looks like the actual drunk driver. If your arrest was started from a mistaken identity, your attorney can challenge the arrest by claiming it wasn’t you who was being reported.
You can defend against an impaired driving charge with the help of an experienced West Chester DUI lawyer. They will have methods to fight against your criminal charges, helping to clear your name and reputation.
Some methods include:
Even if you weren’t driving erratically or involved in a collision, there can still be questions about officers’ probable cause to charge you with DUI. You may be able to present defenses to fight the charges, but you need a qualified criminal defense lawyer.
At the the Skinner Law Firm in West Chester, Pennsylvania, we have the experience and legal background necessary to help you obtain the best possible result. Call (610) 436-1410 today to set up a free and confidential consultation.
Michael J. Skinner, the founder of Skinner Law Firm LLC, is a former prosecutor with the Chester County District Attorney’s Office.
