Review the Best No Probable Cause DUI Defenses That Get Charges Dismissed

In a DUI case, a defendant can challenge the arrest if the officer who arrested them did not have probable cause to pull them over. Probable cause is the legal standard that allows an officer to search, arrest, or make an arrest.

Some effective defenses to a DUI charge lacking probable cause include:

• Race: If the defendant believes the officer pulled them over because of their race, and not because they committed any traffic violations or showed any signs of intoxication, they may be able to challenge the arrest.
• Good driving: If there was no bad driving, perhaps the defendant was stopped at a DUI checkpoint, or for a broken windshield, their DUI attorney may be able to argue that their good driving would lead a reasonable person to believe they are not impaired.
• Observations: The defendant can attack the police officer’s observations of what happened before the arrest.
• Evidence: The defendant can challenge the integrity of the evidence, such as the accuracy of a Breathalyzer test, presence of slurred speech, or odor of alcohol.

Fighting a DUI Charge: Unveiling “No Probable Cause” Strategies

Dealing with a DUI charge is an unnerving experience, leaving you with questions about your options and potential avenues to clear your name.

Here’s where the concept of “no probable cause” steps in, offering a potentially powerful defense strategy spearheaded by your DUI attorney.

Understanding “Probable Cause” in DUIs

Imagine probable cause as the legal justification for a police officer to pull you over for a DUI investigation. It essentially boils down to whether the officer had a reasonable belief, based on objective facts, that you were operating the vehicle under the influence.

Without probable cause, the evidence gathered during the stop, like field sobriety tests, breathalyzer readings, and statements you made, could be deemed inadmissible in court, paving the way for dismissal of your charges.

Unlocking the “No Probable Cause” Defense Arsenal

While every case is distinct, here are some of the most common and effective “no probable cause” defense strategies employed by seasoned DUI attorneys:

• Traffic Stop Under Scrutiny: Did the officer pull you over legitimately? If not, it could be a red flag. Reasons for an illegal stop could be:
  • Lack of a traffic violation: The officer pulled you over without observing any traffic violations.
  • Pretextual stop: The officer used a minor traffic violation as a pretext to investigate you for DUI without reasonable suspicion.
• Deconstructing Field Sobriety Tests (FSTs): These tests are subjective and susceptible to various factors, including:
  • Nervousness: Being pulled over can naturally make anyone jittery, potentially impacting FST performance.
  • Physical limitations: Certain medical conditions or even uneven terrain can affect FST results.
  • Improper administration: If the officer administering the FSTs did not follow proper procedures, the results can be challenged.
• Breathalyzer Errors: These machines require regular calibration and adherence to specific protocols. Deviations from these standards can render the results unreliable:
  • Improper calibration: Outdated or faulty calibration can significantly skew the breathalyzer’s reading.
  • Incorrect administration: Failure to follow proper testing procedures can compromise the accuracy of the results.
• Medical Conditions: Certain medical conditions can mimic signs of intoxication. If you have a documented condition potentially impacting your behavior or appearance during the stop, bringing this to your attorney’s attention is crucial.
• Conflicting Officer Accounts: Inconsistencies in descriptions provided by different officers regarding your behavior or appearance can raise doubts about the validity of the arrest.

Can You Be Stopped for DUI for Swerving?

Yes, swerving can be a reason for a DUI stop. Police often believe that swerving is a sign that a driver has been drinking and could be probable cause to pull them over. However, swerving alone cannot conclusively justify an officer arresting someone for DUI.

Prior to a local police officer arresting a driver for DUI, in every case the officer is required to have valid legal grounds which equates to probable cause evidence that a person was operating a vehicle while intoxicated by alcohol or drugs.

Next, the police evidentiary standards of DUI proof must hold up to legal defense scrutiny in county court. Just because a driver swerves, in itself is not enough cause for a police officer to justify a DUI, DWI arrest. Furthermore, the prosecution will not have enough evidence for a conviction, especially in DUI cases when a driver refused breath or blood BAC tests.

A Case in Point: Exposing “No Probable Cause”

Here’s a scenario where a “no probable cause” defense might be applicable:

• A driver is pulled over for allegedly weaving slightly within their lane late at night.
• The officer claims to detect a faint odor of alcohol and administers FSTs.
• The driver passes the tests but is still arrested for DUI.

A skilled DUI attorney could argue:

• The lane deviation was negligible and insufficient justification for a DUI stop.
• The officer’s subjective perception of an alcohol odor is insufficient for establishing probable cause.
• The driver’s successful completion of the FSTs demonstrably indicates sobriety.

In this scenario, due to the lack of objective evidence supporting intoxication, a strong case can be built for dismissal based on the “no probable cause” argument.

The Power of a Local DUI Defense Attorney’s Free Legal Assistance

Navigating the complexities of a DUI case is best done with the expertise of a trusted DUI attorney in the area. They will meticulously analyze every aspect of your arrest for free, meticulously examining:

• Police report and dashcam footage: Scrutinizing the official report and any available video recordings for inconsistencies or procedural violations.
• Witness statements: Assessing the credibility and potential biases of any witnesses involved.
• Breathalyzer maintenance records: Ensuring the breathalyzer used was properly calibrated and maintained.
• FST training and administration procedures: Evaluating whether the FSTs were administered according to established protocols.

By meticulously examining these details and leveraging the “no probable cause” defense where applicable, an experienced DUI attorney can significantly increase your chances of obtaining a favorable outcome, whether it’s dismissal of charges, reduction to a lesser offense, or achieving a more favorable plea bargain.

Key Takeaways

Consulting a qualified DUI attorney in your area is crucial for tailored advice and to explore the specific strengths and weaknesses to challenge a DUI and win by showing there was not enough reason for the traffic stop in the first place.

An arrest review will help find the best no probable cause defenses to get a DUI dismissed for charges that originated in a parked car, for speeding, the odor of alcohol, and DUI, DWI cases with no proof of driving.

Probable Cause for DUI Stop Defense, Additional References:

https://dui.drivinglaws.org/resources/driving-under-influence/probable-cause-why-police-stop-you.htm