When stopping someone for suspicion of DUI, police officers in Los Angeles must abide by very strict standards. Contrary to what many unsuspecting drivers think, a cop cannot simply pull a person over based on a hunch they may have. Instead, they must be able to clearly specify the reason why they stopped you. To better understand the steps involved in probable cause and DUI Los Angeles residents should always speak with an attorney who has knowledge and experience in these cases.
Upon consulting a DUI attorney Los Angeles residents will learn the first step involved in probable cause is known as reasonable suspicion. Specifically, this means the officer must believe a crime has occurred or is taking place before they can initiate a stop. However, when speaking with a DUI lawyer Los Angeles residents often discover their Fourth Amendment rights, which pertain to unreasonable search and seizure, have often been violated by the police.
Initiating the DUI Investigation
While there is often a fine line between unreasonable search and seizure and probable cause, it’s important to remember that to initiate a stop for DUI Los Angeles police can begin simply by pulling you over for any traffic violation. Once this is done and they feel probable cause exists, a DUI investigation can begin. However, certain factors must be clearly visible to the officer, such as:
–Viewing alcohol in the vehicle
–Smelling alcohol on driver’s breath
–Red or glazed eyes
While these factors may be visible to an officer, it’s still important to note that this does not necessarily mean an arrest is automatic.
While an arrest may not be automatically made at this stage of the investigation, when speaking to a DUI attorney Los Angeles residents will realize it’s likely an arrest is imminent. Once an officer views these factors, they will begin to gather additional details. In most cases, this involves seeking a confession from you, or making a judgement based on your failure of breathalyzer or other field sobriety tests. If these circumstances occur, there’s a good chance the officer will place you under arrest for DUI.
Getting DUI Charges Reduced or Dismissed
Even though a DUI case often sounds like it is open and shut, it is anything but that. Along with the possibility the officer may conduct an unreasonable search and seizure, thus violating your Fourth Amendment rights, they may also commit other errors. These can include failing to advise you of your Miranda rights, as well as failing to properly and clearly articulate their reasons for having probable cause.
Consult an Attorney
If you feel as if an officer did not have probable cause to stop you for possible DUI, consult a DUI lawyer Los Angeles police know has a successful record of winning these complex cases. By doing so, you will put yourself in the best possible position to have the charges against you reduced or thrown out altogether, allowing you to put this ordeal behind you.