Probable Cause Is A Grey Area When Applied To Dui

Sometimes it seems that law enforcement pulls over drivers at random, but in theory, they should have probable cause to do it. In the case of an evening stop on a weekend, they will typically stop drivers who violated a traffic law and then check for signs of intoxication. Nevertheless, probable cause is a highly subjective premise for justifying the stop and may not stand up in court.

Common reasons for pulling over a driver

Before even conducting a breathalyzer test, they need a specific reason for pulling a driver over. Drivers provide it by doing one of the following:

• Causing or being involved in a motor vehicle crash.
• The driver violated the speed limit or committed some other traffic law infraction.
• Erratic driving even if they did not speed or break a traffic law.

Checking for intoxication

Law enforcement is trained to check for the following to launch a further investigation, which can lead to arrest:

• Smell of alcohol/marijuana: Officers will often claim to smell alcohol or marijuana on the driver’s breath or clothes.
• Slurred speech: This is a common side effect of intoxication, but it also common for those who are tired and maybe a normal speech pattern.
• Bloodshot eyes: Although the driver may suffer from allergies or fatigue, officers often cite bloodshot eyes as a premise, regardless of whether the driver is sober or not.

Charges may be dropped

Any officer can make a mistake, including jumping to the wrong conclusion when citing probable cause for the arrest. In cases like this, a criminal law attorney with experience handling DUIs here in Colorado can be a tremendous asset in defending the driver’s rights. Probable cause based on a hunch may not be enough for convicting a driver for driving under the influence and can even negate the use of subsequently gained evidence.