Probable Cause for DUI Arrest

Understanding probable cause for a DUI arrest is a critical step in creating a legal defense in Virginia. Work with a criminal defense attorney at Welch & Wright, PLLC, who can help you navigate your rights in these cases. Consider what probable cause means under Virginia law.

Importance of Probable Cause

For a DUI arrest to be valid, the police must have probable cause to believe the driver is impaired by alcohol or another substance, which could even include prescription drugs. Without probable cause, the entire case could be dismissed. Having an experienced DUI defense attorney who understands these legal standards is crucial, especially if you believe the police did not have probable cause to pull you over.

Evidence Used to Determine Probable Cause

The following are some examples of the evidence that may prove probable cause occurred and, specifically, what police officers are often looking for:

• Driving Behavior: The officer may use observations of poor driving behavior, such as speeding or swerving, to establish probable cause. Issues may arise if the officer did not personally witness the behavior and relied on a third-party report.
• Demeanor and Appearance: The officer can consider the driver’s demeanor, such as slurred speech, bloodshot eyes, or the smell of alcohol. Admissions of drinking by the driver are particularly incriminating.
• Field Sobriety Tests: These tests, which include the “One Leg Stand,” “Walk and Turn,” and “Horizontal Gaze Nystagmus” (HGN), are used to assess impairment. While standardized tests are generally accepted in court, their validity can still be challenged by an attorney.
• Preliminary Breath Test (PBT): This test estimates the driver’s Blood Alcohol Content (BAC) and helps establish probable cause for arrest. While not as accurate as other tests, a BAC of .08 or higher is typically used to justify an arrest.

Challenging Probable Cause

If there was no probable cause for the arrest, the DUI charges could be dismissed, but proving that can be a challenge. This requires a nuanced legal argument that an experienced DUI defense lawyer can present that may help you fight these charges. By contacting Welch & Wright, PLLC, for a free consultation to discuss your case, you can learn how to protect your rights and challenge the probable cause in your DUI charges. Doing that could help minimize the risk that you face the consequences of charges you do not deserve.