Arrested for drunk driving? With the right defense strategy, you may be able to avoid the consequences of a criminal conviction. In fact, your DUI defense starts before the arrest. In order to conduct an arrest, law enforcement must first conduct a legal traffic stop, and in order to conduct a legal traffic stop, the arresting officer needs probable cause that you were intoxicated behind the wheel or committed a traffic infraction.
In short, police cannot pull you over without a good reason and then arrest you for drunk driving, even if he / she finds evidence of DUI after the traffic stop.
What is probable cause?
Probable cause refers to any traffic infraction or behavior that indicates DUI or a criminal offense. This might include:
- Quick acceleration / stopping quickly
- Weaving through lanes, zig-zagging
- Driving too close to the curb
- Driving outside of the lane
- Turning illegally or suddenly
- Driving in the wrong lane
While these behaviors are not always connected to drunk driving, law enforcement may consider them probable cause for DUI. If you are arrested for DUI, the police officer may claim that swerving or braking suddenly indicated that you were under the influence of alcohol.
How does probable cause affect my DUI defense case?
Without probable cause, any evidence procured during the traffic stop may be inadmissible in court. This could even include breath tests and field sobriety testing. With the help of a skilled DUI defense attorney, you can fight DUI charges by disproving the officer's claim of probable cause.
The Law Offices of Richard S. Lawson offers aggressive and experience legal defense for DUI in Forsyth County, GA. If you were arrested, call our office today to schedule your initial consultation. The sooner we hear from you, the sooner our team can help your case.