Probable cause is something that a police officer needs to have in order to arrest someone, or to even pull someone over. If there is a lack of probable cause, this could be a powerful defense in a DUI or DWI case (but it rarely is). Knowing what constitutes probable cause, and how this could affect a case in various ways would be invaluable. Here several things that would be helpful to know:

Probable cause is when there is ample proof to suggest that someone violated the law. What is probable cause of driving under the influence? Many things, honestly. All it takes is a police officer seeing you veer wildly into the other lane or run through a red light for an officer to suspect that you are impaired behind the wheel. Any violation of traffic law is enough reason for an officer to pull someone over; even expired registration stickers would warrant a police stop. If there was an accident, especially an injurious accident, then that is all the probable cause necessary to look into whether someone was driving while intoxicated.

While your actions before the police stop can constitute probable cause, so too can your reactions afterward, while the police officer is by your window. For example, if an officer caught you speeding through a stop sign, but he or she smells alcohol on your breath, this could be probable cause enough for an arrest. If you fumble with your driver's license, if you have bloodshot eyes, or there is (marijuana) smoke wafting from the car, all these can add up to probable cause. You can see what the police officer perceived as probable cause in his or her report, which will be available to you at the DUI arraignment. If you get pulled over by a police officer, just be aware that your every action is being scrutinized.

So if the police officer did not have probable cause, this could win you your case right? Theoretically, you could file a motion to suppress, which if successful, could mean that the evidence obtained through the unlawful police stop gets suppressed, or thrown out of the case. This could get your DUI charges entirely dismissed. But you would need substantial proof that you did not break a traffic law or drive recklessly, because otherwise all a judge may have to go on is your word that you were driving fine, while a police officer is contending otherwise. Few people can actually pull this off.

That being said, search and seizure rights may be easier to employ in your defense. Basically, not only does an officer have to have probable cause to pull you over, but there has to be the right kind of probable cause to conduct a search for drugs in your vehicle, for example. There is no denying that the officer can pull you over for running a red light. But for an officer to start searching for weapons or drug paraphernalia, or to start questioning you about other crimes, the police officer would have to have further probable cause, not just a hunch.

Whenever you have a question about your DUI case, or mounting a defense against your charges, do not hesitate to consult an experienced DUI attorney as soon as possible. If you have just been charged with a DUI or DWI, then you have no time to spare. You need to act immediately to keep your driver's license, and then you need time on your side to craft an aggressive defense that can keep you out of jail and keep you from getting a criminal record. Learn more when you contact a DUI lawyer today!