Probable Cause and DUIs 

 

On the side of the accused, being charged with DUI can mean different bad things: humiliation, unnecessary paying of fines and fees, time-consuming trials, and time to spend on jail. Fortunately, to lawfully pull someone over the case, the police officer needs to have a reasonable suspicion that an individual has violated the law, and even a minor traffic violation is not adequate for a person to be undercharged DUI.  

 

If one is arrested for a DUI, the government is expected to provide a public attorney for the suspect. However, most people would better hire their personal attorneys like one of the Miami DUI lawyers 

 

 Legal 

Reasonable Suspicion and Probable Cause 

 

For a DUI to be charged to someone and it to be justified, it must be supported by a probable cause. This means to say that there needs to be strong evidence against the accused that could support a reasonable belief that the driver was ‘driving under influence’.  

 

Traffic accidents – if you are involved in a collision on the street, expect some cops. And because alcohol intoxication is one of the probable causes of street or road accidents, the police officers usually lookout for indications of alcohol or drug intoxication when they conduct their investigations.  

 

Traffic violations – when a driver commits a traffic violation, police can have a reasonable suspicion to conduct a traffic stop, and this might progress to DUI charge and investigation. When the officer notices some signs of alcohol or drug intoxication such as alcohol odor or slurred speech during traffic detention.  

 

In-person observations – the officer can also supply the court with his/her observations about the driver such as bloodshot eyes, odd behavior, the odor of alcohol, speech slurs, and other indications that the officer might notice to a driver who is drunk. These can be enough to charge someone with DUI.  

 

Bad driving – Surely, if the driver has committed accident traffic violations and after accident investigations, the officer might see some evidence of driver impairment in driving. However, the officer commonly has the authority to call for a traffic stop whenever he feels or suspects that there is a case if DUI. An officer usually notices this through explicit and implicit behaviors like swerving, driving speedily or very slowly, driving in the wrong direction, etc.  

 

DUI testing – one of the effective methods of identifying if the person is intoxicated with alcohol and to charge him with DUI offense, DUI testing needs to be administered. The police often use breathalyzers or sobriety tests (FSTs), and although the drivers are not forced to participate in FSTs or prearrest breath tests, most drivers voluntarily take the tests especially when accidents have happened on the road.  

 

The officer needs to have adequate proofs and evidence that could prove that the drivers are guilty of charge.  

 

Final thoughts 

If you find yourself being charged with DUI, it is important to remain calm and hire an attorney to defend you during the trial. Make sure that the officer has adequate evidence before complying with the penalties and charges against you.  

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