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Probable Cause And DUIs And DWIs: What You Need To Know

by Maurice Moore

In most cases, an officer has to have probable cause in order to pull you over and cite you for a DUI or DWI charge. There is an exception to this when it comes to DUI checkpoints, however; those do not single out any particular driver. If a police officer does not have probable cause to pull you over, a DUI or DWI attorney will work to get the charges against you dismissed. Here is more information pertaining to probable cause and DUIs and DWIs. 

What Does Probable Cause Mean In Relation To DUIs And DWIs? 

Probable cause means that the officer had a reason to pull you over. When people hear probable cause and DUIs or DWIs, they often think of swerving all over the road. However, the probable cause does not only have to be related to swerving or impaired driving behaviors. An officer can pull you over for running a red light, speeding, or having expired registration or tags. This means that an officer cannot sit outside of a bar or a dispensary and pull over every car that exits the parking lot in hopes of finding someone who is drunk or high. You must either have committed a violation or the police officer must have suspicions that you are under the influence to pull you over. 

How Can An Attorney Prove There Was Not Probable Cause For A Traffic Stop? 

There are many tools that a DUI or DWI attorney can use to determine if there was probable cause for a traffic stop. During an arrest report, the arresting officer must state why they pulled you over. An attorney can review that report and determine if there was a valid reason to pull you over. Many police departments also require the use of dash cams and body cams. An attorney can request this footage to determine if you were swerving or blowing through stop signs. This information can be vital in showing whether you were legally stopped and, thus, legally arrested. 

If you have been arrested for a DUI or DWI, you should consult with a DUI or DWI attorney as quickly as possible. There are many defenses that may be raised in regard to your case, including an officer not having probable cause to pull you over and arrest you for the offense they feel you committed. Contact a DUI attorney today and book a consultation to discuss the specifics of your case.