CALIFORNIA CRIMINAL LAWYERS

DUI and the vehicle stop

Reasonable Suspicion vs. Probable Cause for a DUI Stop

Driving under the influence of alcohol or drugs is a significant offense. The severity of potential injury or death due to DUI has led courts and law enforcement agencies to take strict measures to prevent it. Probable cause rather than reasonable suspicion is required to make a DUI stop. If the court determines that an officer stopped a person without probable cause, evidence seized as a result of the stop can be suppressed and not be used against the defendant. Todd Spodek boasts a group of dynamic DUI attorneys in Los Angeles who can help you fight a DUI charge.

Understanding Probable Cause Vs. Reasonable Suspicion

It is important to know the difference between the probable cause and reasonable suspicion of breaking the law before discussing DUI stops. Probable cause and reasonable suspicion offer different scenarios under which police officers can search, seize or stop a person. Probable cause is a set of facts and circumstances that would make it reasonable for a police officer to conclude that a person is likely to commit a crime or already committed one. In contrast, reasonable suspicion is based on less concrete evidence than probable cause but still raises suspicions to an average person that there is a clear possibility of the apparent criminal activity.

If you were stopped under reasonable suspicion consider contacting a knowledgeable DUI defense attorney. They can assist in determining whether or not the arresting officer had probable cause for your DUI stop. In some cases, it may be shown that the officer had no reasonable suspicion that a person was driving under the influence but was fishing for DUI suspects. In such cases, quashing the arrest and suppression of illegally seized evidence might be in order.

Reasonable Suspicion For A DUI Stop

Reasonable suspicion involves limited factors that can make an officer stop a vehicle. The primary assessment is the driver’s behavior, the type of vehicle, the time, and location of the police stop. A Los Angeles DUI attorney might compare that to someone who is driving in the early morning hours, after the bars close, or fits the description of a robbery that recently occurred. Also, if the driver has committed a traffic violation, an officer may stop the driver if he or she has a reasonable suspicion that the driver is driving under influence.

Probable Cause for A DUI Stop

Probable cause goes beyond a reasonable suspicion. Probable cause needs specific, articulable facts that lead a police officer reasonably to believe that a person committed or is committing a crime or offense. Probable cause is required for law enforcement officers to make a DUI stop before administering a field sobriety test or breathalyzer.

What Happens After A DUI Stop

During a DUI stop, the officer will initially observe the demeanor and physical appearance of the driver. The officer will look for signs of intoxication, such as slurred speech, bloodshot eyes or the odor of an alcoholic beverage. If the driver shows any signs of impairment, the officer may initiate a DUI investigation.

Establishing Probable Cause

The investigating officer will ask the driver to perform a series of field sobriety tests during the DUI investigation. These tests include horizontal gaze nystagmus, walking a straight line and returning after ten steps, standing on one leg and breathalyzer tests. The officer will evaluate the driver’s performance of these tests. If the driver fails any of the field sobriety tests, the officer may have probable cause to arrest the person on a DUI charge.

California law doesn’t require any driver to take field sobriety tests. If a driver has been drinking before a DUI stop, it’s their choice whether or not to provide further evidence for prosecution to obtain a conviction.

Hiring A Los Angeles DUI Attorney

Being arrested and charged with a DUI can be stressful and overwhelming. Todd Spodek’s team of DUI lawyers can help you have a better understanding of the charges against you and provide the support to protect your future. Hiring a Los Angeles DUI attorney could save you from fines, jail time, and license suspension. Their presence and experience will strengthen your case and help navigate through the legal system’s complexities.

Trust in Todd Spodek’s team to provide top-quality DUI representation. If you need to speak to us, please contact us for a free consultation and case evaluation. Our team of legal professionals is always ready to help you navigate through any complex DUI case.