What Is Probable Cause?

A police car with its light on at night because an officer believes they have probable cause to stop someone.

Probable cause is a legal standard for when a police officer can pull you over and/or search your vehicle or arrest you. While probable cause can protect you from unreasonable arrests, it’s important to understand how probable cause is determined.

If you’ve been charged with a DUI, a Los Angeles DUI lawyer can help.

In DUI cases, probable cause refers to a legal obligation by the police officer when it comes to both the traffic stop and any subsequent arrest.

Probable Cause for a Traffic Stop

The officer must have an objective reason for pulling you over in the first place. This can include:

Speeding.
Weaving in and out of lanes or traffic.
Having a broken taillight.
Having expired license plates.

The officer’s reason can’t be something like you were driving late at night, or they suspected you had been drinking.

Probable Cause for a DUI Arrest

The officer must have probable cause to arrest you for a DUI. Probable cause can include:

Bloodshot eyes.
Slurred speech.
Smell of alcohol or drugs.
An admission by the driver.
Failed field sobriety test.
Preliminary breath analysis test confirming alcohol use.
Visible drugs or alcohol in the vehicle.

It’s important to note that some of these are still subjective. For example, a field sobriety test may require you to stand on one leg. Your ability to do so can be impaired if you have certain medical conditions or are fatigued.

Why Does Probable Cause Matter?

Probable cause matters because if an officer arrests you for a DUI without probable cause, you may be able to get your case dismissed. If an arresting officer had no objective reason for pulling you over, a DUI attorney serving Los Angeles can help prove there was no probable cause for your arrest.

What Are the Consequences of a DUI Arrest in Los Angeles?

DUI arrests can have long-reaching consequences, which is why it’s important to have a fair case. These consequences can include:

Fines.
Jail time.
Mandatory DUI school.
Probation.
Driver’s license suspension.
Impacts on auto insurance rates.
Criminal record.

What Are the Blood Alcohol Limits in California?

In California, you can be charged with a DUI when your blood alcohol level is at certain levels. According to the California Driver’s Handbook, these levels are:

0.08% when the driver is 21 or older.
0.01% when the driver is under 21 years of age.
0.01% if the driver is already on probation for a DUI.
0.04% if the driver is operating a vehicle that requires a Commercial Driver’s License (CDL).
0.04% if the driver is driving a passenger for hire, such as in a taxi or rideshare vehicle.

How Can a Los Angeles DUI Lawyer Help After a DUI Arrest?

If you’ve been charged with a DUI, an attorney can help you with the entirety of the legal process. They can:

Investigate the arrest.
Gather evidence in your defense, including evidence showing there was a lack of probable cause.
Represent you in court, when necessary.
Argue for lesser penalties or jail time, if needed.
Support you by ensuring you understand what’s happening with your case.

Your lawyer is your legal advocate and can help give you peace of mind during a stressful time.

What Evidence Can Be Helpful for Your Case?

If there was no probable cause for your DUI arrest, there may be helpful evidence proving that. Some evidence your lawyer may gather includes:

Bodycam footage from the arresting officer(s).
Dashcam videos from the police vehicle or from your own vehicle.
Witness accounts.
Police reports that contradict each other or the evidence.
Lack of on-the-scene evidence, such as field sobriety tests or chemical tests.

What Should You Do If You Are Pulled Over or Arrested for a DUI?

There are a few actions to take immediately that can be helpful for your case. They are:

If no reason is given, ask the officer why you were pulled over.
Do not admit fault or try to make excuses, such as “I only had one drink.”
Be polite.
If you have not been arrested, you can refuse a chemical test. However, you cannot refuse one after arrest without incurring legal penalties.
Once arrested, remain silent. Anything you say can be used against you.
Contact a DUI lawyer serving Los Angeles as soon as possible.

Stages of a DUI Arrest and Charge

After an arrest, everything can feel confusing and overwhelming. Understanding what comes next can help you feel better prepared.

DMV Hearing

Within 10 days of your arrest, you must request a DMV hearing or have your license suspended. This is a separate action from any criminal proceedings in your case.

If Jailed

If you were jailed after your arrest, most people are let out after a few hours. Typically, especially if this is your first offense, there is no required bail.

Criminal Proceedings

There are a few stages to the criminal proceedings in DUI cases. These are:

Arraignment: This is where the charges against you are read. You will enter your plea here. The judge may set conditions for your release.
Pre-trial: Your lawyer and the prosecution will go over their evidence. Your lawyer may file a motion to have certain evidence suppressed during the trial. This can include any evidence that was collected after a stop without probable cause.
Trial: If a deal cannot be reached, then your case will go to trial.
Sentencing: If convicted, you will be sentenced. For first-time offenders, this will likely involve probation, mandatory DUI school, and a fine.

Contact a Los Angeles DUI Attorney Today

If you’ve been charged with a DUI, we can connect you with an attorney in your area. They can challenge whether there was probable cause for the traffic stop and arrest.

Reach out to Los Angeles DUI Lawyer today and get started with a free consultation.