Probable Cause

In order for the government to establish a DUI case against you they must meet all elements of a California DUI case.sOne of these is that the government must prove that you were driving while you had a Blood Alcohol Level (BAC) significant enough to warrant arrest.sThere are many different ways the prosecutor can prove driving, some situations more complicated and more difficult to prove than others.

The first, and the easiest is if you are driving and are pulled over. There are several situations in which directly caught driving will warrant for you to be pulled over and questioned in regards to a DUI.sThe arresting officer may pull you over for any vehicle code violation whether it is related to alcohol impairment or not. This will provide sufficient probable cause for the arresting officer to investigate for a DUI. When you are pulled over while driving and consequently investigated and arrested for a DUI, the prosecution will have no problem proving that your were driving while intoxicated.

When it isn’t directly observed driving, it opens the door for more complicated arguments and perhaps a weaker case.sWhen this is the situation, the prosecutor has to build the case circumstantially. They will have to create their case based on the surrounding facts, looking at any witnesses and statements made by the driver.sIf there are people who saw you driving and are willing to attest to that fact, the case becomes stronger for the prosecution. If you are found sleeping in the car at the side of the road, with the keys in the ignition and the radio on, the facts point to a strong presumption that you were driving. In contrast, if you are parked insa parking lot, sleeping in the back seat with the keys in your pocket, the government will find it more difficult to prove that you were driving and will have a weaker case.

A requisite element to be found guilty of and charged with a California DUI is valid probable cause. An officer has valid probable cause if he observes any Vehicle Code Violation whether it has to do with alcohol impairment or not.

Direct and blatant violations such as weaving, failing to stop at a stop sign, or an expired license, will establish probable cause as required by law. Arresting officers are trained to look for these common violations to pull someone over and issue a citation. More often than not, people are stopped for a simple violation that has nothing to do with drinking. It can be as simple as being pulled over for a broken taillight and the officer will notice symptoms of alcohol such as red watery eyes, slurred speech or odor of alcohol in the car on the person and will initiate a DUI investigation.

In contrast to direct vehicle code violations, in certain situations probable cause is not required. An exception to probable cause is during a welfare check. If you are pulled over at the side of the road, fighting with someone in your car or even if you have a flat tire, a police officer will stop to see if you need help and if you are okay. This is considered a welfare check conducted by the police officer as part of his duty to check upon the welfare of the general public. If the officer conducts a welfare check and notices that you exhibit symptoms of being intoxicated, he will also conduct a DUI investigation. In instances where you are arrested for a DUI during a welfare check, the legal requirement of probable cause is not necessary.

Articles Posted in Probable Cause

Proving Driving in a Los Angeles DUI Case

Probable Cause in a Los Angeles DUI Case