Being pulled over for suspicions of a DWI can be a scary experience for most drivers, especially if it hasn’t happened to them before. Drivers should know that the foundation of their DWI case hinges on the initial traffic stop.
Law enforcement officials are required to have reasonable suspicion or probable cause before asking a driver to pull over. Without these elements, any evidence of intoxication becomes invalid. What constitutes probable cause in a DWI case? How can probable cause impact a driver’s legal defense?
What is probable cause?
Probable cause is the reasonable basis a law enforcement official should have for their belief that a driver may be violating traffic regulations. This legal standard helps ensure that police officers don’t stop a driver without a legitimate reason. Without reasonable suspicion that a driver might be impaired, law enforcement officers don’t have the legal authority to pull them over at a traffic stop.
There is a distinct difference between reasonable suspicion and probable cause. A law enforcement officer would have reasonable suspicion of impaired driving if they observe a driver exhibiting erratic behavior such as:
- Swerving in and out of lanes
- Sudden and inexplicable stops
- Excessively fast or slower than required speed
Conversely, a police officer can be deemed to have probable cause if they witness clear violations of traffic regulations, such as running a red light or failing to use a turn signal.
Drivers should know that a law enforcement official doesn’t need to suspect DWI at the outset. They may have pulled a driver over for another valid reason, such as a broken tail light, and then noticed signs of impaired driving. Such a stop could lead to a lawful DWI investigation.
When the police lack probable cause
If a police officer stops a driver without a valid reason, such a scenario is a violation of the driver’s Fourth Amendment right. Citizens are protected against unreasonable searches and seizures, and this protection extends to traffic stops. In such instances, any evidence collected in relation to an unreasonable traffic stop may effectively be thrown out.
Drivers who believe they were pulled over without cause should seek legal guidance to fight their DWI charges. Legal assistance can help affected drivers advocate for their rights and avoid a DWI conviction.
