Experienced DUI Lawyers Explain Probable Cause in a DUI Case
Unfortunately, DUI is a crime that happens all too often in the U.S. Our job as DUI defense attorneys are to help ensure our clients receive fair treatment and to get them the best possible outcome. One way we do that is to determine whether or not law enforcement had probable cause to stop you.
When a police officer suspects a driver may be operating his vehicle under the influence of alcohol, the officer cannot pull that driver over based on that suspicion alone, he must have probable cause. Examples of probable cause including speeding, running a red light or crossing the center line into the other lane.
Once the officer has pulled the driver over, he can further investigate his suspicions of DUI. First, the officer will observe the driver in order to determine if the driver is intoxicated. Observations that indicate an intoxicated driver include the one or more of the following:
Glassy eyes
Slurred speech
Smell of alcohol on breath or from inside the vehicle
Unopened or opened containers of alcohol in the car
Fumbling or disorientation
From there, the officer will perform a few different field sobriety tests along with a breathalyzer test. If all evidence points to a DUI, the suspect is then arrested and charged with the crime.
As defense attorneys, we want to look at the evidence presented by the police officer surrounding the arrest. We will look to determine if there was probable cause for pulling the defendant over. If there was no probable cause, and we will file motions to suppress with the court. These motions ask the court to dismiss the evidence presented to the court on the notion that the evidence was not legally obtained.
If you have been arrested for a DUI, you'll need to contact an experienced DUI attorney in Colorado Springs.
