What is probable cause and how is it used with DUI? First we must know the definition of probable cause. For purposes of stopping a vehicle, it may only be reasonable suspicion that a traffic infraction has occoured.

This brings up the question of what the police can consider probable cause under these circumstances. Probable cause includes behaviors ranging from swerving down the road to running a stop sign. Having a burnt out tail lamp, however, will not suffice and your DUI will be thrown out. Complicated huh? As we all know, if the police have a VALID reason to stop you, they will, and if they find you are impaired, they can and will arrest you for DUI. How does the officer know or suspect you’ve been drinking? Once you have been stopped, the officer now has access to your person. This, if you have been drinking, gives him more probable cause if he can smell liquor on your breath, if he sees an open or unopened container (open or unopened container refers to a container containing alcohol) or something as simple as bloodshot eyes coupled with any other indicator of imparement.

You can see that this definitely leads to a problem – what if the officer decides to give you the physical test? That’s fine if you were not drinking, and also fine if you are physically able to complete the test. If not, you may be booked for DUI all because you ran a stop sign..

Once arrested, you will be scheduled for an arraignment. Your attorney enters your plea at the arraignment. Even if you think the officer was wrong and you were not drinking or otherwise under the influence of a controlled substance while driving, you should retain the services of an attorney. An attorney can help you fight against an officers stopping you absent probable cause. Even if the probable cause was valid, a skilled attorney can fight the arrest on countless other issues.

Should you have any questions about the charges pending against you or a loved one, do not hesitate to call William Moore directly by calling 954-523-5333. You may also contact us online. We are available to answer your questions 24 hours a day, seven days a week. Offices located in Broward, Miami Dade and Palm Beach Counties.