| Driving home late one Saturday night, you glance in | | | | law in the land, which means that it overrides and |
| your rearview mirror and catch a glimpse of the | | | | governs all other laws - including those associated with |
| dreaded red and blue flashing lights. The officer comes | | | | DWI. So, in short, despite having what appears like |
| to your window and asks you to step out of the car. | | | | "ironclad" evidence in a DWI case, prosecutors cannot |
| After some field sobriety tests, you're taken to the | | | | obtain a conviction if the initial arrest was made without |
| police station and charged with a DWI. You were out | | | | probable cause. |
| at a party, and your breathalyzer results are just over | | | | The probable cause standard means that, in order to |
| the legal limit of .08. Looks like case closed for you - | | | | pull you over in the first place, a police officer must |
| right? | | | | have a reasonable belief that you have or are |
| It's true; a large portion, even a majority of DWI-related | | | | committing a crime (driving while intoxicated). In court, a |
| arrests lead to a subsequent conviction in court. With | | | | good DWI defense lawyer will question the presence |
| so many laws requiring DWI suspects to submit to test | | | | of probable cause. Examples of valid probable cause |
| after test, and wide use of breathalyzer devices | | | | include: |
| despite fierce ongoing controversy over its reliability, it's | | | | - Swerving erratically while driving |
| little surprise that many people feel helpless when | | | | - Stopping abruptly for no reason |
| facing a DWI charge. | | | | - Drifting between lanes |
| Unreasonable Search and Seizure - What it Means for | | | | - Making excessively wide turns |
| DWI Arrests | | | | - Driving at extremely high or low speeds |
| The Fourth Amendment to the US Constitution states | | | | If the police officer cannot present solid justification |
| that: "The right of the people to be secure ... against | | | | that he had a good reason to pull you over, the |
| unreasonable searches and seizures, shall not be | | | | violation of your Constitutional rights immediately voids |
| violated ... but upon probable cause." This simple | | | | any evidence against you resulting from the arrest, and |
| statement, in fact, is regarded as part of the highest | | | | your case is likely to be dismissed. |