Aggressive, Experienced & Trusted Work Directly With An Attorney Backed by Thousands of Victories and Over 20 Years of Experience

No Probable Cause. Can I Still Be Convicted?

A police officer must establish probable cause in order to make a valid arrest for a DUI. Since having a gut feeling isn’t enough to warrant an arrest, the officer must have a reasonable assumption based on facts and objective circumstances.

The following are common symptoms of impairment for probable cause:

  • Accelerating or decelerating rapidly
  • Almost hitting an object or another vehicle
  • Appearing to be drunk
  • Braking sporadically
  • Drifting
  • Following too closely
  • Swerving
  • Turning abruptly or illegally
  • Weaving

If the police officer legitimately had no probable cause to pull you over, you may be able to bring a motion to suppress later in your case. Motion to suppress enables the defendant to request certain evidence of the trial to be excluded, such as questioning whether the police officer had probable cause to make an arrest. If the defendant is awarded this motion, the prosecution or judge may your case dismissed due to the inaccessibility of crucial evidence. Being involved in an accident or demonstrating bad behavior during the process of your arrest may be suitable for probable cause.

When it comes down to your trial, it’s your word versus the arresting officer. Even though the court tends to favor law enforcement under these circumstances, having an experienced DUI defense attorney will substantially improve your chances of getting either the charges against you reduced or your case entirely dismissed.

For more information about DUI arrests and penalties, do not hesitate to contact our Ventura County DUI attorney at (805) 919-8662 today.