What Counts As Probable Cause for a DUI Check?

As you are driving along the open road, suddenly, those flashing blue and red lights appear in your rearview mirror. Your heart races as you wonder what you did wrong. Was it a traffic violation? Or could it be something more serious? In cases of suspected DUI, police officers need probable cause to pull you over and administer a breathalyzer test or field sobriety tests.

So, what exactly qualifies as probable cause for a DUI check? And how can an Asheville DUI lawyer challenge your arrest and potentially get your charges dismissed? Let’s find out!

Police Officers Need Probable Cause to Pull You Over

When it comes to traffic stops, police officers are required to have probable cause before pulling you over. This means that they must have a reasonable belief that you have violated the law in some way. Without probable cause, any evidence obtained during the stop may be deemed inadmissible in court.

Probable cause can take various forms when it comes to suspected DUI cases. It could be something as simple as observing a driver swerving between lanes or driving at an excessively high or low speed. These behaviors often raise suspicions of impaired driving and give officers grounds to initiate a traffic stop.

It’s important to note that suspicions must be supported by objective observations made by the officer.  The police cannot solely rely on subjective factors like personal bias or stereotypes.

Let’s consider some examples where the police have probable cause for a DUI check.

Difficulty in Staying on the Same Lane

One of the common signs that police officers look for when determining whether to initiate a DUI check is difficulty in staying in the same lane. This can be indicative of impaired driving, as alcohol or drugs can greatly affect a person’s ability to maintain proper control of their vehicle.

When someone is under the influence, they may find it challenging to stay within their own lane and may drift into adjacent lanes or even onto the shoulder. This erratic behavior poses a significant danger not only to themselves but also to other drivers on the road.

It’s important to note that there could be other factors contributing to difficulty in staying in the same lane, such as distractions, fatigue, or mechanical issues with the vehicle. However, if you are pulled over under suspicion of DUI due to this reason, consulting with an experienced Asheville DUI defense lawyer is crucial in building your defense.

Driving Too Fast or Too Slowly

Driving too fast or too slowly can be a sign of impaired driving and may provide police officers with probable cause to pull you over for a DUI check. When it comes to speed, excessive speeding is an obvious red flag. If you are zooming down the road well above the posted speed limit, it’s highly likely that law enforcement will take notice.

On the other hand, driving too slowly can also raise suspicion. While there may be legitimate reasons for driving under the speed limit, such as adverse weather conditions or vehicle issues, consistently traveling well below the flow of traffic might suggest impairment.

DUI probable cause

Erratic changes in speed, switching between driving very fast and then suddenly slowing down without reason, can indicate impaired judgment or lack of control behind the wheel. This behavior could give law enforcement reasonable grounds to suspect DUI.

Demonstrating Poor Judgment in Traffic

When it comes to driving, poor judgment can be a serious issue. It not only endangers your life but also the lives of others on the road. Police officers are trained to look for signs of poor judgment as one indicator of impaired driving.

One example of poor judgment is tailgating – following another vehicle too closely. This behavior puts everyone at risk and shows a lack of consideration for other drivers’ safety.

Another sign of poor judgment is aggressive or erratic driving, such as abruptly changing lanes without signaling or cutting off other vehicles. These actions demonstrate impatience and disregard for traffic laws.

Failing to yield the right-of-way is yet another instance where poor judgment becomes evident. Ignoring right-of-way rules puts both you and other drivers in danger, potentially leading to accidents and injuries.

Improper Signaling

When driving, it’s important to use your turn signals correctly and in advance before making any maneuvers on the road. Failing to signal properly can be seen as a sign of impaired driving.

Not using your turn signals can lead to confusion among other drivers, potentially causing accidents or traffic violations. It shows a lack of awareness and consideration for others on the road. Police officers are trained to spot these types of behaviors and may consider them as indicators of drunk driving.

An Asheville DUI Attorney May Be Able to Challenge the Grounds for Your Arrest!

In the event that you find yourself facing DUI charges, it is crucial to understand your rights and potential defenses. One of the most important aspects to consider is whether or not the police had probable cause to pull you over in the first place.

It’s important to note valid reasons for a DUI stop do not automatically prove you’re guilty. They just provide justification for further investigation by law enforcement officers. However, there are situations where an Asheville DUI defense attorney may be able to challenge the validity of the initial stop and ultimately get your charges dismissed.

If you believe your arrest was made without probable cause, it is crucial to consult with an experienced lawyer. Do not wait after being charged – call the Asheville DUI Guy to protect your rights!

More Related Articles
Defenses Against DUI - Entrapment

Defenses Against DUI – Entrapment

If you blow into a breathalyzer and it comes back at or higher than 0.08 blood alcohol content (BAC) then you know your future is going to change dramatically. However, this doesn’t mean that you’re