Drunk driving accidents cause thousands of fatalities every year in the U.S. Addressing this issue is a top priority for government authorities and local police forces. One way that the police tackle drunk driving is to pull vehicles over if they have a reasonable suspicion that the driver is drunk.
Nonetheless, reasonable suspicion is not enough to make an arrest and charge someone with a crime. To do this, the police need probable cause that there’s evidence of a crime there. What is probable cause in DUI cases?
Physical signs
Should the police stop a vehicle, they will be looking for physical signs of impairment. For example, they may glance into the vehicle to look for open alcohol containers. It’s important to note that the police cannot search the vehicle without a warrant or probable cause, but they can check for items that are in plain view (such as an easily visible alcohol bottle).
Officers may also look for bloodshot eyes, slurred speech and the smell of alcohol. Field sobriety tests are another possibility. These are specially designed tests that can show signs of impairment such as cognitive errors and loss of balance and coordination. Field sobriety tests are not compulsory for the person who has been stopped.
Breathalyzer tests
If officers want more quantifiable evidence, they may request that the driver takes a roadside breathalyzer test. While these don’t have to be taken at the roadside, they cannot be refused altogether. A driver must take a breathalyzer test due to implied consent laws or risk consequences. A reading of 0.08% BAC can provide law enforcement with probable cause.
Without probable cause, you should not be arrested and charged. Unfortunately, this isn’t always how it works out. If you are facing criminal charges, seeking legal guidance can help you protect your rights and create a strong defense.
