DUI Probable Cause
Probable Cause is the reasonable belief that one has committed a crime.
REMEMBER: probable cause is subjective, and does not equal guilt.
If you have been arrested and charged with Driving Under the Influence (DUI) in any city or municipality of the State of Georgia, it is because the arresting officer believed he or she had probable cause to do so. Probable cause for arrest may be established in a number of ways.
Probable Cause for the Stop: If you are pulled over, A police officer MUST HAVE probable cause to stop your vehicle. If there was no probable cause for the stop, any observations, tests, or charges that stem from that unwarranted stop may be suppressed and a conviction for DUI cannot be established.
Probable Cause for DUI Arrest: Even if probable cause to stop your vehicle is established, there may not be probable cause to arrest for Driving Under the Influence.
Many times, a driver is pulled over for an alleged traffic violation (e.g., speeding, following too closely, failure to maintain lane, reckless driving, etc.), and as a result of the officer’s “observations” upon speaking with the driver, and interpretations of his or her responses and any field sobriety test results, he or she is arrested and charged with Driving Under the Influence.
REMEMBER: Even if an officer believes he or she has probable cause to to stop a vehicle for a traffic violation, that probable cause is separate from, and at most one factor in, the officer’s supposed probable cause to arrest a driver for Driving Under the Influence.
Also, The factors that may lead an officer to arrest a Georgia driver for DUI are very often insufficient to sustain a conviction for DUI. It is critical, then, that Georgia drivers understand their rights and the consequences of their decisions and responses when facing such serious suspicions. With over 30 years experience as a Canton DUI attorney, Michael Vereen III can help explain your rights. Contact us today for your free consultation.