In order for an officer to have legal authority to pull you over for a DUI, he or she needs to have probable cause. The legal definition of probable cause simply means that a person has reasonable grounds or enough evidence to believe that an individual has either committed a crime, is committing a crime, or is about to commit a crime. In this blog, our Denver DUI attorney explains what you should know about probable cause pertaining to DUI arrests.
Accidents and Injuries can be Probable Cause
If your encounter with an officer wasn’t during a traffic stop, but from an accident, evidence from a car crash is oftentimes used for probable cause. If the officer has reason to suspect that you were driving under the influence after observing the accident and any injuries that were caused as a result, he or she can arrest and charge you with a DUI.
Bad Behavior Adds to Probable Cause
The officer’s probable cause was most likely triggered by your driving behavior. Once you’re pulled over, however, it’s important to remember that the officer will continue to make observations pertaining to your behavior – this is usually in an attempt to gather more evidence for an additional offenses.
If There’s no Probable Cause, You Can Fight It
Under no circumstances should an officer be placing you under arrest in the absence of probable cause. If you find that this is the case, you and your attorney can file a motion to suppress, which can result in your entire case being thrown out. In these instances, your choice in representation absolutely matters. Since it will be your word against the officer’s, you want to ensure that you have a skilled and experienced litigator on your side who will be thorough in investigating the evidence brought against you.
If you’ve been arrested for a DUI, we urge you to contact our trusted Denver DUI lawyer at the Law Office of Joseph A. Lazzara, P.C. Call (720) 809-8262 today to request your free consultation.