| In many parts of the world, government law | | | | obey a traffic sign, expired tags broken taillights or |
| enforcement agents need little or no reason to harass, | | | | other traffic offenses. However, from the moment the |
| detain or investigate the citizenry. However, United | | | | police officer walks up to your window he or she is |
| States law specifically prohibits this sort of abuse of | | | | looking for other signs. |
| police authority and power. In the U.S. law enforcement | | | | Open or empty alcohol containers in the car, bloodshot |
| agents must have some observational reason for | | | | eyes, slurred speech, difficulty presenting your driver's |
| detaining, arresting or otherwise investigating the | | | | license and registration and smelling of alcohol are all |
| activities of a U.S. citizen. | | | | considered probable cause. It are factors such as |
| Probable cause is the legal term describing what does | | | | these that make it lawful for a police officer to ask |
| and does not give officers the ability to investigate or | | | | you to submit to a sobriety test. By virtue of Implied |
| apprehend an individual. Probable cause is simply legal | | | | Consent Laws, you have already agreed to submit to |
| jargon for saying that the officer must have a good | | | | these tests by having a driver's license. If you refuse |
| reason, based on something that he or she has | | | | when asked, you can face even stiffer penalties than |
| witnesses, for suspecting that a person has committed | | | | you will for a DUI conviction. |
| a crime. It is the need for probable cause that prevents | | | | On the other hand, if a police officer asks you to |
| police officers from pulling over drivers at random. | | | | submit to a field sobriety test without probable cause |
| However, what is and is not probable cause can get a | | | | then they stand in error in the eyes of the law, even if |
| bit tricky. In fact, probable cause is one of the things | | | | a chemical tests determines that your blood alcohol |
| most often disputed in criminal cases. For this reason, it | | | | content was, in fact, over the legal limit. If it is |
| is fairly uncommon for a police officer to pull someone | | | | determined that the police officer did not have |
| over simply for suspicion of driving under the influence, | | | | probable cause then your entire case may be |
| unless the individual is driving in a noticeably erratic | | | | dismissed by the judge. This is one of the reasons that |
| manner. | | | | hiring a highly knowledgeable attorney who specializes |
| What is far more common, is for a police officer to pull | | | | in DUI cases is so important. DUI attorneys deal with |
| over a driver for a routine traffic violation and then to | | | | the intricacies of DUI arrests and convictions on a |
| cite probable cause for asking that driver to submit to | | | | regular basis. If the arresting officer in your DUI case |
| a field sobriety test or breath analysis. Most people | | | | didn't have sufficient probable cause, then a good DUI |
| who get arrested for DUI don't get pulled over for | | | | lawyer will be able to get the charges dropped. |
| swerving, they get pulled over for speeding, failure to | | | | |