Thousands of people are pulled over and arrested each year for allegedly driving under the influence. Committing such a heinous and irresponsible offense can carry stiff fines and even stiffer jail time. When it comes to DUIs probable cause is a big part of the case. Did the officer who pulled you over have probable cause to stop you in the first place? Let’s take a closer look at a few things you should know.
What is probable cause? It involves having enough visible evidence that would lead one to assume a crime is being committed. For instance, let’s say an officer sees you stumbling out of a nightclub at 3am in the morning. He then decides to pull you over immediately after you’ve gotten in your vehicle and left the parking lot. Upon stopping you the officer discovers your blood alcohol level is .12%, which is above the legal limit. Even though you were driving perfectly fine after you drove away, that previous stumble just might have been enough probable cause to warrant a stop. A DUI lawyer in Wichita KS may be able to defend your case.
Another example of probable cause involves you getting into an accident or badly injuring yourself or someone else. Let’s say you accidentally wreck your vehicle late in the evening after a wild party. Upon arriving at the scene an office smells alcohol on your breath. He then decide to give you a breathalyzer test, and discover that your blood alcohol level is .09%. Even though you may have been absolutely coherent, and the accident was simply an accident, the car wreck itself is enough probable cause to request a breathalyzer test. However, Rocky Wiechman Law may be able to help you argue against this fact.
What happens if the police office didn’t have probable cause to stop and test you? It’s not uncommon for police officers to randomly stop drivers and say that it was done with probable cause. If you feel that there was absolutely no reason for the officer to stop you, you can argue that you were stopped unjustly. Even if your blood alcohol level was above the limit you may be able to have the charges successfully thrown out. Talk to a DUI Lawyer in Wichita, KS to learn about your options.
